CRT Use Only October19,2017 SC-2017-002591 Small Claims n _ / _ a _________________________________________________ AnthonyAlers-Hankey APPLICANT FrancisAutendyke RESPONDENT CRT Use Only DEFAULT ✔ Decision ✔ Order ShelleyLopez October19,2017
Dispute Number & Declaration Example: ST-2017-12345 or SC-2017-12345 __________________ SC-2017-002591 ✔ 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 ($) Order($) Iclaimrentcollectedfromatenantbymyagent,whichhefailedtopayme 5000 5,000 Strata'smanagementcompany'sinvoiceforthe"movinginfee"forthe relevanttenants.(Attached)Verbal evidenceofoccupationisavailable. -----------------------------------------------------------------------------------0 -------------------------------------------------------------------------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------------------------------------------------------------------------0 --------------------------------------------------------------------------------For CRT UseOnly Total Non $5,000
Please note the CRT will not generallyorder parties to apologize, make donations, or stopservingonstrata councils Requests for a party to do orstop doing something PartyName Whatwouldyou like them to do or stop doing? Why? -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------CRT feesanddispute-related expenses CRT Fees and Expenses Description Expense CRT Amount ($) Order ($) receipts required) ---------0 (receipt required) ---------0 ----------------------------(receipts required) ---------0 no receipts required 150 150 For CRT UseOnly $150 Interest: Court Order Interest Act Interest 5000 5,000 nil 0 nil 0 11.70 For CRT UseOnly Total Interest InterestwaivedtoJune19,2017DisputeNoticedate;COIAappliesthereafter $11.70 ForCRT use only TotalOrder $5,161.70
CRT Default Decision and Order 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 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 findthe respondent(s) must pay the applicant(s)the monetary amountsas 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. The applicant has characterized his claims as non-debt, largely because he does not know exactly the amount at issue. In particular, he claims against his property agent for rent collected from the owner’s tenant, for the months of February and March 2017. While liability is assumed in default decisions, I must still assess the value of the claims. Here, that means I must assess the amount of rent the property agent likely collected and what amount is therefore owing to the applicant. 9. The applicant provided the tribunal with evidence indicating the monthly rental for his suite averaged to at least $3,200 per month. In the Dispute Notice, the applicant claimed the respondent was entitled to 20% commission. That brings the total claim to $5,210. The applicant has abandoned the amount over the tribunal’s $5,000monetary limit. On a balance of probabilities, I find the owner is entitled to $5,000 as claimed, in addition to entitlements for tribunal fees and interest, as set out in the attached form. CRT ORDER 10. The following tribunal order is made subject to thefollowing conditions being met: (a) the deadline 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. 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: ____________________
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