Claims Started in the CRT
If you started your case in the BC Civil Resolution Tribunal (CRT), you may still end up in Small Claims Court if:
- You got a final decision from the CRT and now want to enforce it in Provincial Court
- The CRT has refused to take the claim, or
- A court has ordered the CRT not to take the claim
Note: As of July 1, 2022, you can no longer file a Notice of Objection to have your CRT claim moved to Small Claims Court. To dispute a final decision made by the CRT you need to file for Judicial Review in BC Supreme Court. We recommend getting legal advice for this process.
If you are enforcing a CRT order jump to Enforcing a CRT Order to learn how the Provincial Court can help you collect on your CRT decision.
If the CRT has either refused or has been ordered not to take your case, you need to
- Fill out the Notice of Civil Resolution Tribunal Claim and an address for service form by following the instructions on the form.
- File it in Small Claims Court and
- Serve it on the other parties
Attached to the Notice of Civil Resolution form you should include:
- All initiating notices you received
- All responses you received or made
- Depending on the situation, one of either
- Notice from the CRT stating they refuse to take the case, or
- The order stating that the CRT may not adjudicate the case
File the Notice of CRT Claim at the registry closest to either:
- Where the defendant lives or carries on business, or
- Where the event that led to the claim happened
You can serve the Notice of CRT Claim (and copies of all required documents) by in person or by registered mail. Review the rules on serving different kinds of parties Rule 1.1 (10)-(17).
The other party, if they are in BC, has 14 days to reply. If they do nothing, the filling party can apply for a default order.
Other Documents to File
The party that filed the Notice of CRT claim must also file a Certificate of Compliance within 6 months of serving the Notice of CRT claim on all the other parties if there was at least one reply. If the claim was for personal injury, the certificate of compliance should include all copies of medical reports and records of expenses or losses. If a party other than the filing party has made a person injury claim, they need to file a certificate of readiness.
The registrar will schedule a settlement conference or trial conference after the certificate of compliance is filed.
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