DEFAULT DECISION AND ORDER
(This shaded box is for CRT use only)
DISPUTE NUMBER: SC-2024-000187 DISPUTE AREA: Small Claims DATE OF DECISION: April 25, 2024 TRIBUNAL MEMBER: Kristin Gardner
Enter the names of all applicants and respondents, exactly as they appear on the Dispute Notice. Separate names with a comma (for example, “John Doe, Jane Doe”).
* BETWEEN APPLICANT(S): STEPHEN ROUSE
* AND RESPONDENT(S): AARON SINNATHAMBY
Part A: Monetary Claims and Orders You can only claim what’s in the Dispute Notice. Don’t add new claims. You can enter a lower amount than you claimed in the Dispute Notice, but not a higher amount. Don’t include your CRT fees and dispute-related expenses in your claim totals – enter those in Part C of this form.
Description 1 (from the Dispute Notice): The renting of a parking spot in the building we both lived in (up until January 2024).
2 (from the Dispute Notice): ---------------------------------------------------------------------------------------------------------------------------------------
3 (from the Dispute Notice): ---------------------------------------------------------------------------------------------------------------------------------------
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Amount ($)
$ 200.00
$ ------------------
$ ------------------
(CRT use only) Order Amount ($)
$ 200.00
$
$
Page 1
DEFAULT DECISION AND ORDER Dispute Number: SC-2024-000187
Part B: Non-Monetary Claims and Orders You can only claim what’s in the Dispute Notice. Don’t add new claims or use this space to explain more about your claims. If you filled out Part A (Monetary Claims), don’t add the same claims here.
Description
):
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
If you named more than 1 respondent in your dispute, which respondent is this claim for? --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Why do you want them to do or stop doing this (maximum 100 characters)?
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
):
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
If you named more than 1 respondent in your dispute, which respondent is this claim for? --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Why do you want them to do or stop doing this (maximum 100 characters)?
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(This shaded box is for CRT use only)
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
CRT Decision on Non-Monetary Order:
Page 2
DEFAULT DECISION AND ORDER Dispute Number: SC-2024-000187
Part C: Dispute-Related Fees and Expenses You can claim CRT filing fees and reasonable dispute-related expenses you paid to prepare for the CRT process. Generally, the CRT won’t order reimbursement of fees paid to a lawyer or other representative or for your time spent dealing with the dispute.
If you’re claiming more than $50, include receipts. But you don’t need to include receipts for CRT fees. Description Expense (CRT use only) Amount ($) Order Amount ($) Fees paid to the CRT. (You don’t need to include receipts for these.) $ 100.00 $ 100.00
Service fees, if you served the Dispute Notice yourself. For example, fees for registered mail or a courier.
Total cost of expert reports to support your claim. (Include the reports with your form.)
Other dispute-related expenses (briefly describe the expenses and how they relate to your dispute):
Total amount of claimed fees and expenses.
$
$
$
$ 100.00
$
$
$
$ 100.00
(This shaded box is for CRT use only) CRT Decision on Dispute-Related Fees and Expenses: $ 100.00
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Page 3
DEFAULT DECISION AND ORDER Dispute Number: SC-2024-000187
Part D: Interest Description Interest (CRT use only) Interest Order Check this box if you waive interest. If you check this box, don’t enter anything else in this Part.
The interest accrual date. In the Dispute Notice, this is the line “When interest started applying to the amount owing”.
Contractual interest rate. Enter this if you agreed to a specific interest rate in a contract or agreement with the respondent(s), and only if you claimed this rate in the Dispute Notice. In the Dispute Notice, this is the line “Annual rate of interest agreed to in your contract”.
Date:
%
November 1, 2023
%
If you haven’t waived interest and didn’t agree to a specific interest rate in a contract or agreement with the respondent(s), the CRT will calculate interest according to the Court Order Interest Act.
Principal amount owing as of the Dispute Notice date, not including interest.
(This shaded line is for CRT use only) Amount of contractual interest, from the date interest arose to the date of this decision.
(This shaded line is for CRT use only) Amount of court-ordered interest, from the date interest arose to the date of this decision.
(This shaded box is for CRT use only)
$ 200.00
$
$ 4.95
$ 200.00
CRT Decision on Total Interest Amount: $ 4.95
Part E: Total Monetary Order
(This shaded box is for CRT use only)
CRT Total Monetary Order Amount: $ 304.95
The applicant is also entitled to post-judgment interest as provided under the Court Order Interest Act.
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Page 4
CRT Default Decision and Order
The applicant(s) applied for small claims dispute resolution with the Civil Resolution Tribunal (CRT or tribunal) and requested a default decision and order of the tribunal. The following is the CRT's Default Decision and Order. CRT DECISION
Proof of Notice:
1. A respondent must respond to a Dispute Notice within 14 days of receiving the Dispute Notice, as indicated on the Dispute Response Form, or as permitted by the CRT. A respondent served outside of British Columbia has 30 days to respond, instead of 14 days.
2. Having reviewed the evidence, I am satisfied, on the balance of probabilities, that the respondent(s) received the Dispute Notice and did not respond to it by the deadline set out in the CRT's rules. This means the respondent(s) are in default, as defined in section 1(1)(a) of the Civil Resolution Tribunal Act (CRTA).
Jurisdiction:
3.
4.
5.
The CRT's small claims jurisdiction is set out under CRTA section 118. The applicable CRT rules are those in place at the time the Dispute Notice was issued.
In a default decision like this one, the CRT will make a binding decision without the participation of the respondent(s). The CRT will send the parties a copy of the final decision and order.
Where permitted under the CRTA, in resolving this dispute the CRT may order a party to do or stop doing something, pay money or make an order that includes any terms or conditions the tribunal considers appropriate.
Decision:
6.
7.
Liability is generally assumed in default decisions. As the respondent(s) has not participated in the dispute and in accordance with the CRTA, the respondent(s) must immediately pay the applicant(s) the monetary amounts set out in the preceding pages.
The applicant(s) is also entitled to any applicable post-judgment interest, which is not included as part of the “total order” amount.
CRT ORDER
8.
9.
In accordance with the CRTA and the CRT's rules I order the respondent(s) to immediately pay the applicant(s) the monetary orders set out in the preceding pages. The applicant(s) is also entitled to post-judgment interest.
This is a validated decision and order. Under CRTA section 58.1, the applicant(s) can enforce this order by filing a copy of it in the Provincial Court of British Columbia. When you file a CRT order with the Provincial Court, the order has the same force and effect as if it were a judgment of that court.
Kristin Gardner, Vice Chair