SC-2018-002146 Small Claims Judith Saligumba Thamer Cabagnot Kate Campbell August 15, 2018
SC-2018-002146 ✔
I want Mr. Cabagnot to pay $5,000 the cost of our dog - Winter and expenses incurred after her death plus mental anguish suffering we endured. Please see attached documents: Simplified description of evidence attached ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------$5000.00 $5,000.00 $0.00 $0.00 $0.00 $0.00
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$10.71 $10.71 $0.00 $0.00 $0.00 $0.00 $25.00 $35.71
$5000 $5,000.00 % % $9.59 $9.59 $23.34 FOR CRT USE ONLY $32.93 $5,068.64
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 following is 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. Based on the proof of notice form submitted by the applicant, I am satisfiedthat the respondent received the Dispute Notice and did not respond toit 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 theparticipation of therespondent(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. The applicant asserts that her 2 dogs died due to the respondent’s negligence. Liability is assumed in default decisions, and as the respondent has not participated in the dispute, I find in favour of the applicant. I order the respondent to paythe applicant the claimed
$5,000. I find the applicant has provided receipts and other documentation to support that amount. CRT ORDER 7. The following tribunal order is made subject to thefollowing conditions being met : ( a) thedeadline 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. 8. In accordance with the Act and the tribunal’s rules, further to the decision set out above, I order the respondent to immediately give the cat to the applicant. The applicant is not entitled to a monetary order, or to interest. 9. 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: Kate Campbell Tribunal Member Signature: ______________________
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