If you don't reach an agreement, an independent CRT member will make a decision about your dispute.

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If you don’t resolve your dispute by agreement during negotiation or facilitation, you can ask for a CRT decision. An independent CRT member will decide your dispute for you. This Tribunal Decision Process can be adversarial.

For minor injury determinations in a motor vehicle injury dispute, your dispute will likely skip the negotiation and facilitation phases of case management, and go straight to preparing for a CRT decision.

CRT members are independent and neutral. They don’t take sides in a dispute. They consider the evidence and arguments, and make a binding decision. They may also make orders for the parties to pay money, or do certain things.

Getting Ready for the Tribunal Decision Process

A case manager will help everyone access the online platform and create a Tribunal Decision Plan to prepare for the process. This plan includes timelines for you to provide the evidence and arguments you want the independent CRT member to consider in their decision. It also includes limits on the length of submissions.

You will also get a chance to respond to evidence and arguments provided by the other parties.

If you want to submit expert evidence, you’ll submit it during this stage. Make sure to include receipts for any evidence you submit, if it cost you money to obtain it. Learn more about evidence.

The CRT member won’t have access to your communications from the negotiation and facilitation phases. Those are kept confidential. The CRT member only considers each party’s arguments and evidence.

The Tribunal Decision Process is usually done online, in writing. Sometimes telephone or video is used too. The independent CRT member will apply the law to the evidence, consider the arguments, and make a decision about how to resolve the dispute.

Their decision is binding and enforceable, just like a court order.

FAQ

  • Can I use a lawyer?

    You are welcome to use a lawyer or a trusted friend or family member to help you with negotiation, facilitation, and the Tribunal Decision Process. But it’s important for you to be there to speak for yourself in the dispute too.

    For motor vehicle injury claims, you can have a lawyer represent you. But if you want someone other than a lawyer to represent you, you will need to ask the CRT for permission.

    If you are a minor or have impaired mental capacity, you are also welcome to use a lawyer to represent you. If you are a minor involved in a personal injury claim, you must use a lawyer to represent you.

    If you have other reasons for wanting a lawyer or other trusted friend or family member to do all the talking for you, just let us know in the application form and we’ll consider your request. Under the CRT Rules, fees charged by lawyers or other representatives are not usually reimbursable, even if you are successful in your dispute, unless your dispute is under the CRT’s motor vehicle injury jurisdiction.

    The CRT process allows people to resolve their disputes at different times, from different places, in ways that work best for them. Everyone doesn’t have to show up at the same place, with limited time to get things done.

    If you need to take a bit of time to think, we encourage you to consult a trusted helper or get legal advice.

  • Do I have to submit evidence?

    Independent CRT members make decisions based on the facts and evidence from both sides of a dispute. Just giving your side of the story might not be enough to prove it.

    You should provide all relevant evidence, even if it might hurt your case.

    Evidence needs to be relevant to your claim and what you’re asking for, or relevant to what’s being claimed against you. Keep it focused on the facts of the dispute.

    Under the CRT’s Rules, your Tribunal Decision Plan must include all evidence you have, even if it doesn’t support your argument.

    Learn more about evidence.

  • How will the CRT decide my dispute?

    If the parties are not able to reach an agreement in facilitation, they will submit their evidence and arguments for the Tribunal Decision Process.

    Usually, the CRT holds written hearings, which means the CRT member will carefully review the evidence and arguments, and make a binding decision.

    Sometimes the CRT member will decide it’s necessary to hold an oral hearing. If so, the oral hearing will usually be held through telephone or video conferencing.

    Parties can also ask for an oral hearing. The CRT member will consider the reasons for this request in deciding how the hearing should be held.

  • When will the CRT provide its final decision?

    Strata and Motor Vehicle Injury disputes:

    • The CRT will provide its final decision and any orders resolving the dispute by the date communicated by the case manager.
    • The CRT Chair may extend the time allowed for providing a final decision and orders. If this happens, the CRT will notify the parties of the change.

    Small Claims disputes:

    • The CRT will provide the final decision by the date communicated by the case manager to the parties.
    • The CRT will 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.
    • The CRT Chair may extend the time allowed for providing a final decision and orders. If this happens, the CRT will notify the parties of the change.
  • How will I find out about the CRT's decision?

    The CRT’s decisions are published in writing.

    A copy of the decision will be sent to all parties, either by email, mail, or fax.

    With some exceptions, decisions are also published on the CRT website.

  • What if I disagree with a Motor Vehicle Injury decision?

    A party that disagrees with a CRT Motor Vehicle Injury decision can ask the BC Supreme Court for a judicial review of the CRT decision.

    Under section 56.5 of the Civil Resolution Tribunal Act, the time limit for making an application for judicial review of a CRT final decision is 60 days from the date the decision is issued. In certain circumstances, the court may extend this timeline.

  • What if I disagree with a Small Claims decision?

    Your options if you disagree with a small claims decision depend on whether the decision is a merit decision or a default decision.

    • A merit decision is a decision issued after the parties to the dispute have participated in the tribunal process. A default decision is a decision issued when one or more parties have not participated in the dispute. This includes non-compliance decisions.
    • To object to a small claims merit decision a party must, within 28 days of receiving a Notice of Final Decision, submit a completed Notice of Objection Form to the CRT and pay the required fee.
    • Once a Notice of Objection Form has been submitted, the CRT will provide the parties with a copy of the Notice of Objection Form and a Certificate of Completion indicating that the parties have completed the CRT process.
    • The parties can then take the Certificate of Completion to the BC Provincial Court, pay a fee, and file a new small claims process with the court.
    • To object to a small claims default decision, a party can apply to cancel the decision. The Notice of Objection procedure is not available to the party who was in default, including the non-compliant party in a non-compliance decision. The party must give reasons why it thinks the CRT should cancel the decision.
  • What if I disagree with a Strata decision?

    A party that disagrees with a CRT Strata decision can apply to the BC Supreme Court.

    • If the Dispute Notice was issued before January 1, 2019 the party will have to ask the BC Supreme Court for permission (called “leave”) to appeal the decision.  A party may not file an appeal later than 28 days after the party is given notice of the final decision.
    • If the Dispute Notice was issued on January 1, 2019 or later, the party can ask the BC Supreme Court for judicial review of the CRT decision. Under section 56.5 of the Civil Resolution Tribunal Act, the time limit for making an application for judicial review of a final CRT decision must be commenced within 60 days of the date the decision is issued. In certain circumstances, the court may extend this timeline.