CRT USE ONLY SC-2018-005610 Small Claims Venue Financial Ltd. Sean Bowes CRT USE ONLY Julie K. Gibson November 29, 2018 APPLICANT[S] RESPONDENT[S] DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2018-005610 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. Requesting the respondent to pay the principal amount owing as per loan agreement ------------------------------------------------------------------------------2. Requesting the respondent to pay loan fees at 17% as per loan agreement ------------------------------------------------------------------------------3. Requesting the respondent to pay NSF fees ------------------------------------------------------------------------------Claim CRT USE ONLY Amount ($) Order ($) $697.75 $697.75 $118.62 $118.62 $40.00 $40.00 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 $50) expense description: d. Expense CRT USE ONLY Amount ($) Order ($) $86.34 $86.34 ) $0.00 $0.00 ) $0.00 $0.00 $100.00 $186.34 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Interest Item 1. 2. 3. Court Order Interest Act 4. FOR CRT USE ONLY CRT USE ONLY The applicant is also entitled to post-judgment interest. Applicant CRT USE ONLY Submission Order ($) $697.75 $697.75 30% 30% $27.36 $27.36 $68.81 $96.17 TOTAL ORDER: $1,138.88 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(s) received the Dispute Notice and did not respond to it by the deadline set out in the tribunal’s rules. Jurisdiction: The tribunal’s jurisdiction is set out under sections 3.1 and 3.6 of theCivil ResolutionTribunal Act (Act). Theapplicabletribunal rulesarethoseinplaceat the timetheDisputeNotice is issued. The tribunal will make abinding decisionwithout theparticipationof therespondent(s). Thetribunal will send the partiesa copy of thefinal decision and order. Under the Act and the tribunal’s rules, in resolving this dispute the tribunal mayordera partyto do or stopdoing 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 ofthe “total order”amount. CRT ORDER 8. 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. 9. 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. 10. 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: Tribunal MemberSignature: ____________________
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