The Tribunal Decision Process
About the tribunal decision process.
These rules relate to the tribunal’s decision process, including when it starts, how it works, what happens if a dispute requires additional facilitation, information about final decisions and orders, and information about fees.
How the Tribunal Decision Process Works
119) The tribunal can determine all matters relating to the tribunal decision process, including
a) the format and length of the tribunal decision process,
b) any instructions and directions required to prepare for, or to complete, the tribunal decision process, and
c) any other matter within the authority of the tribunal.
If a Dispute Requires more Facilitation
120) If, at any time before or during the tribunal decision process, the tribunal decides that a dispute requires further facilitation, it can
a) refer the dispute back to facilitation, and
b) suspend the tribunal decision process until a facilitator refers the dispute back to the tribunal decision process.
When the Tribunal Provides its Final Decision
121) In strata disputes, the tribunal must provide its final decision and any orders resolving the dispute by the date communicated by the facilitator to the parties.
122) In small claims disputes, the tribunal will
a) provide the final decision by the date communicated by the facilitator to the parties, and
b) provide any orders resolving the dispute after the time for filing a Notice of Objection has passed and only if no objection has been made.
123) The tribunal Chair may extend the time allowed for providing a final decision and orders resolving the dispute.
124) If the tribunal changes the date for providing its final decision and orders, it will notify the parties of that change.
Final Decisions and Orders
125) The tribunal will take reasonable steps to protect the privacy of non-parties and will use initials in place of full names or use other descriptions where the tribunal considers it appropriate to do so.
126) A final decision or order can include
a) an order for a party to pay money,
b) an order requiring a party to do or stop doing something, and
c) any order, terms or conditions the tribunal considers appropriate.
127) An order for a party to pay money to another party that is a child can include a requirement to make the payment to the Public Guardian and Trustee on behalf of that child.
128) An order for a party to pay money to a party who is a person with impaired mental capacity can include a requirement
a) to make the payment to the committee of estate, the representative appointed in a representation agreement, or the attorney appointed in an enduring power of attorney, for that person,
b) to make the payment to the party’s legal representative, or
c) if there is no committee of estate, representative appointed in a representation agreement, or attorney appointed in an enduring power of attorney for that person, to the Public Guardian and Trustee.
Recovery of Fees and Expenses
129) If a dispute is not resolved by agreement, and a tribunal member makes a final decision, the
unsuccessful party will be required to pay the successful party’s tribunal fees and reasonable
dispute-related expenses unless the tribunal decides otherwise.
130) A final decision or order can also include a requirement for one party to pay to another party in the dispute some or all of
a) any tribunal fees paid by the other party in relation in the dispute,
b) any fees and expenses paid by a party in relation to witness fees and summonses, and
c) any other reasonable expenses and charges that the tribunal considers directly related to the conduct of the tribunal dispute resolution process.
131) The tribunal may make orders regarding payment of CRT Fees or reasonable dispute-related expenses in the case of a withdrawal or dismissal.
132) Except in extraordinary cases, the tribunal will not order one party to pay to another party any fees charged by a lawyer or another representative in the tribunal dispute process.