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 made a final decision but either you or one of the other parties filed a Notice of Objection
- The CRT has refused to take the claim, or
- A court has ordered the CRT not to take the claim
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 a Notice of Objection has been made in your CRT case, or the CRT has either refused or been disallowed from taking your case, go to Notice of Civil Resolution Tribunal Claim.
If you or another party files a Notice of Objection within 28 days of receiving the CRT’s final decision, their decision is not enforceable. To continue the process, either you or another party must file a Notice of CRT Claim with the Small Claims Court registry. If this happens, you will get an entirely new process in the Small Claims Court. This could include:
- A settlement conference
- A trial conference
- A trial
The process is similar to filing a claim in Small Claims Court but there are some differences so be sure to read the instructions on the Notice of CRT and Rule 1.1 of the Small Claims Court Rules.
The party that started the claim in the CRT is the claimant, and the party who defended the claim in the CRT is the defendant. Whoever then filed the claim in Small Claims Court may be referred to as the filing party
Follow the form's instructions and fill out the Notice of CRT claim. In addition to the form you should include:
- All initiating notices you received
- All responses you received or made
- Depending on the situation, one of either
- The Certificate of Completion ( in the case of a Notice of Objection)
- Notice from the CRT stating they refuse to take the case, or
- The order stating that the CRT may not adjudicate the case
If a Notice of Objection was filed, you can ask for a deposit using Application for Deposit. The court could order either the claimant or the defendant to make a deposit in order to continue 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 only have 28 days to give the Notice of CRT Claim to the other parties, although you can apply for renewal. You can serve the Notice of CRT Claim (and copies of all required documents) 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,
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.