CRT USE ONLY SC-2017-003170 Small Claims K.M. K.R. CRT USE ONLY Shelley Lopez December 1, 2017 APPLICANT RESPONDENT DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2017-003170 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 1. Son's birth certificate, wedding ring, clothing [K.R.] destroyed, childhood toys he destroyed, wii system and games he stole and sold. Default order, no evidence needed. CRT decision: evidence required for non-debt claims, but explanation and amounts claimed are reasonable. 2. -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------3. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------Claim CRT USE ONLY Amount ($) Order ($) $502.00 $502.00 $0.00 $0.00 $0.00 $0.00 $502.00 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? [K.R.] I want [K.R.] to return [child K's] baby books, baby pictures & videos, baby blanket, hospital baby items Why? I am the one who saved all those items, and he doesn't have any legal rights to them. 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
CRT Fees and Expenses Description a. (receipts required b. (receipts required c. (receipts required if more than $50) expense description: -----------------------------------------------------------------------------d. Expense CRT USE ONLY Amount ($) Order ($) 12.55 $12.55 ) $0.00 $0.00 ) $0.00 $0.00 $100.00 $112.55 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Applicant CRT USE ONLY Interest Item Submission Order ($) 1. $0.00 $0.00 2. % % 3. $0.00 $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. $644.55 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 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. While liability is assumed in default decisions, I must still assess the value of the non-debt claims. As noted in the preceding pages, I have allowed the $502.00 as claimed because I am satisfied from the applicant’s explanation and limited evidence provided that this sum is reasonable. 9. The applicant also seeks an order that therespondent return to her child K’sbaby books, baby pictures & videos, baby blanket, and hospital baby items. She submits that she was the one who saved those items and is entitled to them. Again, liability is assumed and I find the respondent must return those items to the applicant, in a manner that does not breach theJanuary 16, 2017Probation Order that was provided in evidence. 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. I also order the respondent to return to the applicant the followingitems, in a manner that doesnot breach the ‘no-contact’ provisions in the Probation Order signed by therespondent, court file number XXXX. 13. In order to protect the identify of the applicant’s minor child, I order that published version of this decision that theparties’ names, the applicant’s child’s name,and the Probation Order court file number beanonymized. 14. Orders for financial compensation or enforced through the Provincial Court of British Columbia, so long as the principal value is within its jurisdiction under the Small Claims Act 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: Tribunal Member Signature: in any the return of personal property can be (currently $35,000). The Shelley Lopez, Vice Chair ____________________
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