CRT USE ONLY SC-2017-006252 Small Claims Irene Cust Michael Forster CRT USE ONLY Shelley Lopez December 15, 2017 APPLICANT RESPONDENT DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2017-006252 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. I want the rest of my deposit back. CRT Decision: applicant has abandoned the balance of the $1900 that was claimed in the Dispute Notice. 2. Costs incurred from my electric furnace compared to a gas furnace (4 months) Fortis Energy Cost Comparison - Shows cost of electricity vs gas furnace 3. ----------------------------------------------------------------------------------------------------------------------------------------------------------Claim CRT USE ONLY Amount ($) Order ($) $900.00 $900.00 $563.66 $115.00 ------------------------$0.00 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? ------------------------------------------------------------------------------------------------------------------------------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
CRT Fees and Expenses Description a. (receipts required b. (receipts required c. (receipts required if more than $50) expense description: business license search d. Expense CRT USE ONLY Amount ($) Order ($) ------------------------$0.00 ) ------------------------$0.00 ) $11.50 $11.50 $0.00 $11.50 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Applicant CRT USE ONLY Interest Item Submission Order ($) 1. $1,463.66 $0.00 2. % % 3. $0 $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. $1,026.50 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. One of the applicant’s claims is a non-debt claim, namely the costs incurred from the applicant’s electric furnace as compared to what she would have incurred with the new gas furnace installed. The applicant claims for 4 months, for a total of $563.66. 9. The only evidence provided in support is a Fortis printout showing the savings with a gas furnace, which based on that document works out to be a monthly savings of $229.25. However, the October 31, 2017 Dispute Notice states the respondent’s installation date was to have been October 1, 2017. When the respondent failed to show up, the applicant contacted the respondent on October 2, 2017 to cancel the installation and to request the return of her deposit. 10. There is no evidence before me as to why the applicant did not on October 2, 2017 arrange to have a gas furnace installed by someone else. There is similarly no evidence before me as to why 4 months of loss is claimed. A party is required to mitigate their damages. Based on the evidence before me, I find at most the applicant would have been without the desired gas furnace for 2 weeks, which I find would be a reasonable amount of time before a gas furnace could have been installed by someone else. I order the respondent to pay the applicant $115 accordingly to reflect that loss. CRT ORDER 11. 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. 12. 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. 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(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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