SC-2017-004675 Small Claims Christopher Alemany Coleby Pettigrew Shannon Salter October 31, 2017
SC-2017-004675 ✔
Non Debt Claim: Reimbursement for cost of failed work - $2700.00 $2700.00 damage done to home. - email sent to respondent with dispute notice - email reply from respondent - proof of $2700 cost for non-debt claim (June 14 estimate b SMS)f i i l f d f i k Non Debt Claim: Pay a portion of labour costs and materia $2300.00 $2300.00 ls for other contractors to redo and complete work: $2300 This is foregoing $948.50 labour cost of rebuilding the structure and $945 to resurface roof. ------------------------------------------------------------------------------$0.00 $0.00 -----------------------------------------------------------------------------------------------
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$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150.00 $150.00
$0.00 $0.00 % % $0.00 $0.00 $0.00 $0.00 ✔ $5150.00
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 ofthe “total order”amount. 8. While liability is assumed in default decisions, I must still assess the value of the claims. 9. The applicant’s claim is for the repair of the respondent’s faulty work in constructing askylight, reinforcing a roof, and resurfacing the roof and associated trim. 10. The applicant’sclaim of $5000 is for theoriginal cost of the renovations($2700), the materials needed to rebuild the roof by a secondcontractor ($898.50), and a portion ($1401.50) of the $2350 labour cost to rebuild the roof and install the skylight. By claiming$5000, the applicant says he is foregoing $948.50 of the labour cost of rebuilding the structure by the secondcontractor aswell as $945 to resurface the roof by a thirdcontractor. The applicant provided contractor quotes, text messages, and payment records in support of this claim. I find the amounts claimed by the applicant are reasonable in the circumstances. 11. In accordance with the Act and the tribunal’s rules, I order the respondent to pay the applicant the monetary orders as set out in the preceeding pages. Thisamount is payable immediately. The applicant is entitled to any applicable post-judgment interest. CRT ORDER 12. The following tribunal order is made subject to thefollowing conditionsbeing 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 receivesthedecision), and (b)the tribunal has advised the applicant(s) in writing that no Notice of Objection has been made. 13. 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. 14. 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: Shannon Salter, Chair Tribunal Member Signature: ____________________
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