CRT USE ONLY SC-2017-003046 Small Claims Donna Maria Marce APPLICANT Laurel Celeste Roos Ryan Roos RESPONDENT CRT USE ONLY DEFAULT DECISION AND ORDER Shelley Lopez November 14, 2017 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2017-003046 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
REQUEST FOR DEFAULT DECISION AND ORDER DEBT CLAIMS • • • • NON-DEBT CLAIMS • • • MORE INFORMATION www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
A. Monetary Claims and Orders Claim CRT USE ONLY Amount ($) Order ($) 1. Pay the balance owing on two credit cards borrowed. $3507.35 $3,507.35 ------------------------------------------------------------------------------2. ------------------------------------------------------------------------------------------------------$0.00 ------------------------------------------------------------------------------3. ------------------------------------------------------------------------------------------------------$0.00 ------------------------------------------------------------------------------$3,507.35 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
(For example, requests for a party to do or stop doing something) Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ---------------------------------------------------------------------------Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ---------------------------------------------------------------------------Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ----------------------------------------------------------------------------www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Expense CRT USE ONLY CRT Fees and Expenses Description Amount ($) Order ($) a. $145.32 $145.32 (receipts required ) b. ------------------------$0.00 (receipts required ) c. (receipts required if more than $50) ------------------------$0.00 expense description: d. $150.00 $295.32 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Applicant CRT USE ONLY Interest Item Submission Order ($) 1. ------------------------$0.00 2. ------------------------% 3. ------------------------$0.00 Court Order Interest Act 4. $0.00 $0.00 CRT USE ONLY TOTAL ORDER: The applicant is also entitled to post-judgment interest. $3,802.67 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) and requested 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 Laurel Celeste Roos received the Dispute Notice and did not respond to it by the deadline set out in the tribunal’s rules. 3. The applicant sought a default decision as against Laurel Celeste Roos only, because she was unable to provide notice of the disputeto the other named respondent, Ryan Roos. As discussed further below, the monetary orders in this decision are as against Laurel Celeste Roos only, given that Ryan Roos was not provided notice of the dispute. Jurisdiction: 4. 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. 5. As for the named respondent Ryan Roos, I refuse to resolve the applicant’s claims against him in this dispute, in accordance with section 11(c) of the Act. It is impractical for the tribunal to leave the dispute open as against Mr. Roos and the
tribunal’s mandate includes bringing finality to disputes. That said, in refusing to resolve the applicant’s claims here as against Mr. Roos, nothingin this decision prevents the applicant from re-filing them in the future. 6. The tribunal has madea binding decision without theparticipation of therespondent Ryan Roos, who as noted above was not provided with notice of this dispute. The monetary orders on the preceding pages are payable by Laurel Celeste Roos only. The tribunal will send Laurel Celeste Roosa copy of the final decision and order. 7. 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: 8. In accordance with the Act and the tribunal’s rules, I findthe respondent Laurel Celeste Roos must pay the applicant the monetary amountsas set out in the preceding pages.This amount is payable immediately. 9. I find the applicant is entitled toany applicablepost-judgment interest, which is not included as part of the “total order”amount. 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 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 Laurel Celeste Roos to immediately pay the
applicant the monetary orders set out in the preceding pages. The applicant is entitled to post-judgment interest. 12. Under section 11(c) of the Act, I refuse to resolve the applicant’s claimsasagainst the respondent Ryan Roos. Nothing in this decision prevents the applicant from refiling those claims against Ryan Roos in the future. 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 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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