CRT Use Only September28,2017 SC-2017-003104 Small Claims * _ A _ m _ e _ n _ d _ ed __ D _ e _ ci _ si _ o _ n _ a _ nd __ O _ rd _ e _ r _ * ______________________________ EricCarlson APPLICANT[S] DonnyMohammed RESPONDENT[S] CRT Use Only DEFAULT ✔ Decision ✔ Order ShelleyLopez September28,2017
Dispute Number & Declaration Example: ST-2017-12345 or SC-2017-12345 __________________ SC-2017-003104 ✔ If you servedarespondent by registered mail, you must providethe Canada Post confirmation of delivery. If you servedarespondent by courier, youmust provide confirmation of delivery from the courier. If you servedarespondent by delivering to a designated person or byfollowing directions from the CRT, the CRT will rely on the signed proof of service as evidence you have served the respondent. Claims and Order Debt Claims . Debt Claim Description Debt Claim CRT Amount($) Order ($) -----------------------------------------------------------------------------------------------------------------0 --------------------------------------------------------------------------------------------------------------------0 ----------------------------------------------------------------------------------------------------------------------0 ---------------------------------------------------------------------------------------------------------------------0 For CRT UseOnly Total Debt Claim Order: 0
Non-Debt Claims Section1: Non-DebtMonetaryClaimDescription Non-DebtClaim Claim CRT Amount ($) Order($) Mycosttofill holesinfencepostaftertheirfenceisdetached/removed. 20.00 20.00 Seephotoofattachmentoftheirfencetomyfence -----------------------------------------------------------------------------------------------------------------0 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------0 ---------------------------------------------------------------------------------------------------For CRT UseOnly Total Non 20.00
Please note the CRT will not generallyorder parties to apologize, make donations, or stopservingonstrata councils Requests for a party to do orstop doing something PartyName Whatwouldyou like them to do or stop doing? Why? DonnyMohammed WantchainlinkFenceremovedfrommy Haveaskedthemtoremoveit,buthas PrivacyWoodFence notbeendone. -------------------------------------------------------------------------------------------------------------------------------------------------CRT feesanddispute-related expenses CRT Fees and Expenses Description Expense CRT Amount ($) Order ($) receipts required) 10.50 10.50 (receipt required) 00.00 0 (receipts required) 00.00 0 no receipts required 00.00 0 For CRT UseOnly 10.50 Interest: Court Order Interest Act Interest -----------------------------------------------------------0 0 For CRT UseOnly Total Interest Interestwaivedasnocalculationsdone 0 ForCRT use only TotalOrder 30.50
CRT Default Decision and Order-Amended The applicant(s) applied for small claims dispute resolution with the Civil Resolution Tribunal (CRT or tribunal) andrequested a default decision and order of the tribunal. The followingis the tribunal’s default Decisionand Order. CRT DECISION Proof of Notice: 1. A respondent must respond to a Dispute Notice within 14daysof receiving the Dispute Notice, as indicated on the Dispute Response Formor as permitted by the tribunal. 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 tribunal’s rules. Jurisdiction: 3. The tribunal’s jurisdiction is set out under sections 3.1 and 3.6 of the Civil Resolution Tribunal Act (Act). The applicable tribunal rules are those in place at the time the Dispute Notice is issued. 4. The tribunal will make a binding decision without the participation of the respondent(s). The tribunal will send the parties a copy of the final decision and order. 5. Under the Act and the tribunal’s rules, in resolving this dispute the tribunal may make one or more of the following orders: a. Order a party to do something b. Order a party to refrain from doing something c. Order a party to pay money
Decision: 6. In accordance with the Act and the tribunal’s rules, I findthe respondent(s)must pay the applicant(s) the monetary amounts as set out in the preceding pages. This amount is payable immediately. 7. I find the applicant(s) is entitled toany applicablepost-judgment interest, which is not included as part of the “total order”amount. 8. While liability is assumed in default decisions, I must still assess the value of the claims. The applicant claims $20.00 to fix the holes in his own fence, made by the respondent’s worker in attaching the respondent’s fence to the applicant’s fence. Given the nominal amount involved and based on the photos provided, I find this amount is not unreasonable. I find the respondent must pay the $20 claimed, in addition tothe claimed expenses of $10.50, for a total monetary order of $30.50. 9. The applicant also asks the tribunal to order the respondent to remove his chainlink fence from the applicant’swood fence. Again, liability is assumed and based on the photos I find this is an appropriate order. CRT ORDER 10.The following tribunal order is made subject to thefollowing conditions being met: (a) thedeadline for making a Notice of Objection under section 56.1 (2) of the Act has expired(thatdeadline is 28 days after the party receivesthedecision), and (b) the tribunal has advised the applicant(s)in writing that no Notice of Objection has been made. 11.In accordance with the Act and the tribunal’s rules, further to the decision set out above, I order the respondent(s) to immediately pay the applicant(s) the monetary orders set out in the preceding pages. The applicant(s) is entitled to post-judgment interest. 2
12.I further order the respondent remove his chainlinkfencing fromthe applicant’s wood fence. 13.Orders for financial compensation or the return of personal property can be enforced through the Provincial Court of British Columbia, so long as the principal value is within its jurisdiction under the Small Claims Act (currently $35,000). The applicant(s) can enforce this final decision by filing in the Provincial Court of British Columbia a validated copy of this Order. Once filed, a tribunal order has the same force and effect as an order of the Provincial Court of British Columbia. Tribunal Member: Shelley Lopez, Vice Chair Tribunal Member Signature: ____________________ 3
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