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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 6, 2021}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
If a party is responding to a claim over $5,000, proceed to Section VI.B.: Possible Strategies. | If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''. | ||
== A. Civil Resolution Tribunal (Claims $5,000 and Under) == | == A. Civil Resolution Tribunal (Claims $5,000 and Under) == | ||
A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form, provide the Dispute Response Form to the tribunal and pay the required fee (See [[Appendix I: Civil Resolution Tribunal Fees|Civil_Resolution_Tribunal_Fees_(20:App_I)]]). | A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form, provide the Dispute Response Form to the tribunal and pay the required fee (See [['''Appendix I: Civil Resolution Tribunal Fees'''|Civil_Resolution_Tribunal_Fees_(20:App_I)]]). CRT forms can be accessed on their website at: | ||
https://civilresolutionbc.ca/resources/forms/. | https://civilresolutionbc.ca/resources/forms/. | ||
A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal. However, if there are multiple respondents and only one respondent is in default, the entire dispute is assigned to a tribunal member, unless it is otherwise settled in the facilitation process. See [[Small_Claims_Default_Order_(20:VII)|Section VII: Default Order]] for more information | A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal. However, if there are multiple respondents and only one respondent is in default, the entire dispute is assigned to a tribunal member, unless it is otherwise settled in the facilitation process. See [[Small_Claims_Default_Order_(20:VII)|Section VII: Default Order]] for more information | ||
However, if a respondent requires more time to respond, they can request an extension from the tribunal before the deadline to respond. | However, if a respondent requires more time to respond, they can request an extension from the tribunal before the deadline to respond (''CRTR'', Rule 3.1(2)). | ||
For more information on Counterclaims or adding Third Parties through the CRT see Section VI.B.: Possible Strategies, below. | For more information on Counterclaims or adding Third Parties through the CRT see '''Section VI.B.: Possible Strategies''', below. | ||
== B. Possible Strategies == | == B. Possible Strategies == | ||
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'''Note''': It is important to contact the insurer as soon as possible and to not make any admissions that might jeopardize a defence. Failing to promptly notify the insurer, admitting liability, or taking steps in the claim may permit the insurer to deny coverage. | '''Note''': It is important to contact the insurer as soon as possible and to not make any admissions that might jeopardize a defence. Failing to promptly notify the insurer, admitting liability, or taking steps in the claim may permit the insurer to deny coverage. | ||
=== 2. | === 2. Apologizing === | ||
Many lawsuits arise or continue because a wrongdoer has not apologised to the party who was wronged. | Many lawsuits arise or continue because a wrongdoer has not apologised to the party who was wronged. In BC, a person may apologize for a wrongful act or failure to act without the apology becoming an admission of liability (''Apology Act'', SBC 2006, c 19, 2(1) and (2)). A sincere apology can often avert litigation or form an important foundation for a settlement. | ||
=== 3. Option to Pay all or Part === | === 3. Option to Pay all or Part === | ||
If a defendant pays the entire amount of the claim directly to the claimant ('' | If a defendant pays the entire amount of the claim directly to the claimant, the defendant need not file a Reply (''SCR'', Rule 3(1)(a)). The defendant should retain a receipt as proof of payment and request that the claimant withdraw the claim. Only the claimant may withdraw a claim and, if a withdrawal is filed, all parties who were served with the Notice of Claim must be served with a copy of the withdrawal. | ||
When considering this option, a defendant should be aware of other possible problems aside from the lawsuit. For example, if the claimant has | When considering this option, a defendant should be aware of other possible problems aside from the lawsuit. For example, if the claimant has placed derogatory information on the defendant’s credit file, the defendant should ask the claimant to remove this negative information as part of the settlement. If the claimant is unwilling to remove the information, the defendant may still settle the claim but may find it difficult or impossible to remove the information from the credit file. The process for removing incorrect information from a person’s credit file is outside the scope of this guide. | ||
If the entire claim is admitted but the defendant requires time to pay or only part of a claim is admitted ('' | If the entire claim is admitted but the defendant requires time to pay or only part of a claim is admitted (''SCR'', Rule 3(1)(b) or (c)), the defendant must file a reply form but may also propose a payment schedule for what is admitted. The payment schedule must detail how the amount will be paid back. The Registrar can order the proposed payment schedule if the claimant consents to it (''SCR'', Rule 11(10)(b)). If the claimant does not consent to the proposal or no payment schedule is proposed, the claimant may summon the defendant to a payment hearing (see '''Section XVI: Enforcing a Judgment'''). | ||
=== 4. Option to Oppose all or Part === | === 4. Option to Oppose all or Part === | ||
A defendant who opposes all or part of the claim ('' | A defendant who opposes all or part of the claim (''SCR'', Rule 3(1)(d)) must file a Reply form detailing what is admitted, what is opposed, or what is outside the defendant’s knowledge. The reply should list reasons for any parts that are opposed. A defendant should avoid a general denial of the entire claim; a detailed examination of each element of the claim and why the defendant thinks it is wrong is much more persuasive. | ||
Before deciding to oppose a claim, a defendant should ensure that there is a legal defence to the claim. A penalty can apply if a defendant | Before deciding to oppose a claim, a defendant should ensure that there is a legal defence to the claim. A penalty can apply if a defendant proceeds through trial with a Reply that is bound to fail (''SCR'', Rule 20(5)). | ||
=== 5. Counterclaim === | === 5. Counterclaim === |
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