Starting June 1, 2017 most people with disputes of $5000 or under will file claims under the Civil Resolution Tribunal (CRT). The Provincial Court will deal with claims between $5001 and $35,000.
The Provincial Court will only deal with claims for less than $5001 if:
- The CRT refuses to resolve the claim
- The matter is exempt from the CRT
- A notice of objection is filed
- CRT order is being enforced
To start your CRT claim, visit Civil Resolution Tribunal.
The CRT offers new ways to resolve your disputes and legal issues in a timely and cost-effective manner. The CRT encourages a collaborative, problem-solving approach to dispute resolution,
The CRT is an online tribunal that offers dispute resolution services you can use anywhere with access to the internet. It is available 24 hours a day, seven days a week.
The 3 steps you can take with CRT:
- Negotiation – first you communicate online with the other party to see if you can quickly settle the dispute between yourselves.
- Facilitation – if that doesn’t work, trained CRT staff will try to help you settle.
- Adjudication – if you can’t resolve the dispute, a Tribunal member may make a decision that can be enforced like a court order in Provincial Court, unless you or the other party files a notice of objection.
What matters can the CRT resolve?
The issues the CRT will deal with include:
- debt or damages
- recovery of personal property
- opposing claims to personal property
- demanding performance of an agreement about personal property or services.
CRT will NOT deal with:
- a claim for libel, slander or malicious prosecution
- a claim for or against the government
- a claim excluded from the authority of the CRT by regulations (there are no such exclusions now)
- a constitutional question
- a question of whether there is a conflict between the Human Rights Code and another law.
- the claim does not involve an issue or a money amount within its jurisdiction
- the issues raised in the claim are too complex or otherwise impractical for its process.
Dissatisfied with a CRT decision
If you are unhappy with the decision of the adjudicator you have 28 days from receiving notice of a CRT final decision, to file a Notice of Objection with the CRT. This will make the CRT decision unenforceable. You can then file a claim or counterclaim in Provincial Court and proceed to a trial before a Provincial Court judge.
If you took part in facilitated dispute resolution at the CRT, you will attend a trial conference to discuss preparation for trial. If you did not participate in dispute resolution, you will be given a date for a settlement conference.
Enforcing a CRT order
Negotiated consent orders and final decisions of the CRT can be filed in the Provincial Court for enforcement. For a final decision you must wait 28 days from the date of the decision before you can file. Filed CRT orders can be enforced the same way as Provincial Court judgments.
These changes will take effect June 1, 2017. Find current Small Claims procedure here.
For more information, see: