Small Claims Decisions

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CRT USE ONLY SC-2017-004759 Small Claims James Wyse APPLICANT 679106 B.C. Ltd. RESPONDENT CRT USE ONLY DEFAULT DECISION AND ORDER Shelley Lopez November 8, 2017 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2017-004759 You must provide evidence showing how you provided the Dispute Notice for each respondent and attach it separately to the email you send with this form. See the instruction sheet for what must be provided. www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
A. Monetary Claims and Orders Claim CRT USE ONLY Amount ($) Order ($) 1. Direct Cost - These costs are for the two sub-trades $1328.25 $1,328.25 engaged to remove the encroaching concrete patio and retaining wall. Invoices attached. 2. Huge personal time spent to collect these funds using $1,212.33 $0.00 Direct Invoicing, Small Claims and CRTribunal web-site. 20 hours @ $100/ - Reduced to match original claim. No documentation, but over 1 1/2 years, this estimate of total time was probably exceeded twice over. Before retirement my personal professional billing rate was never less than $200/hour. 3. ------------------------------------------------------------------------------$0.00 ----------------------------------------------------------------------------------------------- $1,328.25 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
(For example, requests for a party to do or stop doing something) Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. Party name: What would like them to do or stop doing? 679106 B.C. Ltd. (respondent) Because the respondent's property is now up For Sale, I would like to be able to register this claim on title. Why? I don't think I will ever get paid otherwise. Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ---------------------------------------------------------------------------Party name: What would like them to do or stop doing? -----------------------------------------------------------------------------------------------------------------------------Why? ----------------------------------------------------------------------------www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Expense CRT USE ONLY CRT Fees and Expenses Description Amount ($) Order ($) a. $44.84 $44.84 (receipts required ) b. $0.00 $0.00 (receipts required ) c. (receipts required if more than $50) $0.00 $0.00 expense description: --------------------------------------------------------------------------d. $100.00 $144.84 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Applicant CRT USE ONLY Interest Item Submission Order ($) 1. $1,328.25 $1,328.25 2. 24% .70% 3. $459.42 $11.85 Court Order Interest Act 4. $1.60 53 days x 26.825% p.a. x $1,787.67 = $69.63. $13.45 CRT USE ONLY TOTAL ORDER: The applicant is also entitled to post-judgment interest. $1,486.54 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
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 tribunals 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 tribunals rules. Jurisdiction: 3. The tribunals 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 tribunals 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 tribunals 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 orderamount. 8. While liability is assumed in default decisions, I must still assess the value of the non-debt claims. The evidence provided for the work the applicant paid a third party to do, to fix the poorly completed work done by the respondent, totals $1,328.25. I have ordered that amount. 9. The applicant also claims $1,212.33 for his huge personal time spent pursuing the collection with the respondent, at a rate of $100 per hour for 20 hours. I do not consider any award for this claim to be appropriate. I find the estimate too speculative, and I also note that in accordance with the tribunals rules thetribunal generally does not reimburse lawyers fees either. I dismiss this claim. 10. The applicant also says I would like to be able to register this claim upon title”. The applicants options for enforcement of this Order aredescribed below. I cannot make any order that would specifically grant the applicant the right to register anything on the title to the respondents property, as enforcement is outside of the tribunals jurisdiction. 11. Finally, the applicant claims a 24% contractual rate of interest in his request for default. I have not allowed that rate because it was not specified in theDispute Notice. Theclaimed interest of $459.42 was alsonot specified in the Dispute Notice. The Dispute Notice only described the principal claim plus interest”. A contractual interest rate forms part of the claim and should have been specified in the Dispute Notice so that the respondent was aware of the tribunal claim. That the applicant had prior to the dispute sent the respondent documentationclaiming 2%
monthly interest is not sufficient. Given the above, I have allowed pre-judgment interest under the Court Order Interest Act (COIA), since May 31, 2016, as set out in the preceding pages. The applicant is also entitled to post-judgment interest under the COIA. CRT ORDER 12. 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. 13. In accordance with the Act and the tribunals 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 interestunder the COIA. 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: Shelley Lopez, Vice Chair Tribunal Member Signature: ____________________
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