Guide to Filing a Civil Resolution Tribunal Claim in BC Small Claims

Understanding the Notice of Civil Resolution Tribunal Claim in British Columbia

If you are involved in a dispute that has been previously addressed by the Civil Resolution Tribunal (CRT) in British Columbia, and the CRT has refused to resolve the issue or has issued an order preventing it from adjudicating your claim, you may need to file a Notice of Civil Resolution Tribunal (CRT) Claim with the Small Claims Court. This official form, designated as SCL 053, is essential for bringing your case to court when CRT processes are exhausted or inapplicable.

Purpose of the Form and When to Use It

The Notice of Civil Resolution Tribunal Claim serves as a formal notification that your dispute, previously managed through the CRT, is now proceeding in the Small Claims Court. It consolidates all relevant documents, including prior notices, responses, and decisions from the CRT, to support your case. This form is used when:

• The CRT refuses to resolve your claim or cannot adjudicate it due to jurisdictional reasons.
• You have received a court order barring the CRT from handling your dispute.
• You are initiating a claim that originated from a CRT proceeding that has been dismissed or refused.

Preparing and Filing Your Claim

Completing the Form

When filling out the Notice of Civil Resolution Tribunal Claim, ensure that all information is clear, legible, and accurate. The form must be completed in print, as there are five copies required for filing and service purposes. If you access the form online through the government website, you can complete it digitally before printing all copies.

Supporting Documents

• All CRT notices, responses, and decisions related to your dispute.
• A copy of the order or decision from the CRT if applicable.
• Any evidence that supports your claim, such as contracts, receipts, or correspondence.

Filing Location and Fees

The completed form and supporting documents must be filed at the Small Claims Registry nearest to:

• The residence or business location of the defendant, or
• The location where the dispute or transaction took place.

There is no fee for filing the claim or the accompanying Address for Service form. When the staff at the registry accept your documents, they will stamp and assign a file number, return copies for your records, and prepare copies for service on the other parties involved.

Serving the Claim and Responding

Once your claim is filed, you are responsible for serving each party named in the notice with:

• A copy of the filed claim,
• Your Address for Service,
• Blank copies of the Address for Service and Reply forms, if applicable.

This process informs the other parties that the dispute is now proceeding in Small Claims Court. Proper service is crucial; for guidance, refer to the "Serving Documents" guide available through the government resources.

Follow-Up and Court Proceedings

Responding to a Reply

If a party responds to your claim, the court registry will send you a copy of their reply. If no response is filed within the specified time frame—14 days if served within British Columbia or 30 days if served outside—you may request a Default Order.

Certificate of Compliance and Next Steps

Before scheduling a settlement or trial conference, you must file a Certificate of Compliance confirming that all procedural steps, including service and responses, have been completed. This ensures that your case is ready for court proceedings.

Who Can File and When

The claimant is the individual or party that initiated the dispute through the CRT. The defendant is the party against whom the claim is made, and a third party may be added if necessary. All parties involved in the original CRT dispute must be included in the court claim.

Filing the Notice of Civil Resolution Tribunal Claim is a critical step in transitioning your dispute from the CRT to the formal judicial process in British Columbia's Small Claims Court. Proper preparation and understanding of the process will help ensure your case proceeds smoothly.