CRT Use Only October6,2017 SC-2017-003417 Small Claims * _ A _ m _ e _ n _ d _ ed __ D _ e _ ci _ si _ o _ n _ a _ nd __ O _ rd _ e _ r* _______________________________ manhhuyly APPLICANT GURBCHAHAL RESPONDENT CRT Use Only DEFAULT ✔ Decision ✔ Order ShelleyLopez October6,2017
Dispute Number & Declaration Example: ST-2017-12345 or SC-2017-12345 __________________ SC-2017-003417 ✔ 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($) Order ($) IwouldlikeMr.GrubChahal payback4monthsunpaidrent. 1448.00 $1,448.00 ------------------------------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------------------------------0 For CRT UseOnly Total Debt Claim Order: $1,448.00
Non-Debt Claims Section1: Non-DebtMonetaryClaimDescription Non-DebtClaim Claim CRT Amount ($) Order($) -------------------------------------------------------------------------------------------------------------------------0 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------0 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------0 ----------------------------------------------------------------------------------------------------For CRT UseOnly Total Non 0
Please note the CRT will not generallyorder parties to apologize, make donations, or stopservingonstrata councils Requests for a party to do orstop doing something PartyName Whatwouldyou like them to do or stop doing? Why? GURBCHAHAL IwantMrGurbtomoveoutofthegarage. Hehasnotbeenpayingrentsince May,June,July,August,September. -------------------------------------------------------------------------------------------------------------------------------------------------------CRT feesanddispute-related expenses CRT Fees and Expenses Description Expense CRT Amount ($) Order ($) receipts required) 0.00 0 (receipt required) 0.00 0 (receipts required) 0.00 0 no receipts required 100.00 100.00 For CRT UseOnly 100.00 Interest: Court Order Interest Act Interest N/A ----N/A ----N/A 0 0 For CRT UseOnly Total Interest Interestwaivedasnocalculationdone 0 ForCRT use only TotalOrder 1,548.00
CRT Default Decision and Order - Amended 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 tribunal’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 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 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. In accordance with the Act and the tribunal’s rules, I find the 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 to any applicable post-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 remedy for any non-debt claims. The applicant seeks an order that the respondent move out of the applicant’s garage, given the respondent failed to pay rent since May 2017. The respondent has been using the applicant’s garage for storage rather than as living accommodation, and based on that fact, it appear that the Residential Tenancy Act does not apply. In the circumstances, bearing in mind again that it is assumed that the respondent has failed to pay the required rent, I find it is reasonable to order the respondent to move out of the applicant’s garage immediately. CRT ORDER 9. The following tribunal order is made subject to the following conditions being met: (a) the deadline for making a Notice of Objection under section 56.1 (2) of the Act has expired (that deadline is 28 days after the party receives the decision), and (b) the tribunal has advised the applicant(s) in writing that no Notice of Objection has been made. 10. 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. 11. I also order that the respondent move out of the applicant’s garage.
12. 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: ____________________
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.