Tag: ODR

Changes to Small Claims on June 1st

The broader context

What is Small Claims Court?

Small Claims Court is a division of BC’s Provincial Court. It is for most disputes about debts or damages involving less than $25,000 (with some exceptions). This limit will be increased to $35,000 in June – see below.

The process is generally simpler and faster than the Supreme Court of BC, and is designed for people to use with or without a lawyer.

Changes coming June 1st

The Civil Resolution Tribunal is Canada’s first online tribunal for resolving strata and small claims disputes.

From June 1, 2017, the Civil Resolution Tribunal (CRT) will begin resolving small claims disputes up to $5,000. This will be combined with an increase to $35,000 in the BC Provincial Court’s jurisdiction for small claims cases.

This is the first phase of implementing the CRT’s small claims jurisdiction and using the CRT will be mandatory for most claims up to $5,000. See the official announcement from the Ministry of Justice here.

Update from Provincial Court

See this update from BC Provincial Court on the important changes to Small Claims Court. It covers where the Provincial Court will still have a role in claims $5000 or less, after June 1st, what you can do if you are not satisfied with a CRT adjudicator’s decision, and much more.

More about the CRT

From the CRT website:

  • The Civil Resolution Tribunal is Canada’s first online tribunal for resolving strata and small claims disputes.
  • Right now, the CRT is accepting strata property disputes for intake. Soon, it will begin to accept small claims disputes as well. It offers new ways to resolve your legal issues in a timely and cost-effective manner.
  • The CRT encourages a collaborative, problem-solving approach to dispute resolution, rather than the traditional courtroom model. The CRT aims to provide timely access to justice, built around your life and your needs. It does this by providing legal information, self-help tools, and dispute resolution services to help solve your problem, as early as possible.
  • You can use the CRT 24 hours a day, seven days a week, from a computer or mobile device that has an internet connection.
  • Your interaction with the other participant and/or the CRT can be done when it is convenient for you.
  • Telephone and mail services will also be available for those who can’t access the internet.

The tribunal has been resolving strata disputes since July 2016, encouraging collaborative agreements and making binding decisions when people cannot agree. Once filed, a Tribunal order has the same force and effect as an order of the Supreme Court of BC.

We’ll be posting more information about the CRT and changes to small claims, as it becomes available. Stay tuned.

Stay informed with the CRT:

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Free Webinar Training: Strata Property Disputes & the Civil Resolution Tribunal

Events, The broader context

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Cross-posted from the LawMatters Blog.

As of July 2016, most strata property disputes must be resolved using the new online Civil Resolution Tribunal (CRT). Join us for a free webinar for community workers, advocates and public librarians:

Register: Civil Resolution Tribunal Intake Process
Presented by CRT Chair, Shannon Salter
September 8, 12:30-1:30pm PDT

The online Civil Resolution Tribunal (CRT) is up and running to resolve strata (condominium) property disputes. This session will show you how to use the CRT’s online information and application systems, and answer some common questions about how to help your clients use the CRT. The webinar will be recorded and made available after the presentation to help users navigate this fantastic tool.

Overview

The CRT’s goal is to improve access to justice by using technology to provide accessible and affordable dispute resolution services. As a first step, the CRT’s Solution Explorer software application provides free legal information and self-help tools. You can access the Solution Explorer here. These tools help to diagnose problems and resolve them through information, videos, and template letters that are directly relevant to the dispute.

Accessible 24/7 from computers and smartphones, the Solution Explorer helps people resolve their disputes without having to go to court or use the CRT process.

If people cannot resolve a dispute themselves using these tools, they can begin a CRT claim from within the Solution Explorer. The CRT then issues a notice package, which the applicant serves on the other parties to the dispute. The claim goes through a facilitation phase, where a dispute resolution expert works with the parties to achieve an agreement between the parties. If this is not possible, an expert, independent tribunal member will make a binding decision after a hearing. This CRT decision is enforceable as a court order.

Check out our previous CRT webinar for a refresher on the Solution Explorer!

Stay informed:

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