Small Claims Decisions

Decision Information

Decision Content

CRT USE ONLY August 14, 2020 SC-2020-000132 RHYS ABRAM RAYMOND COX CRT USE ONLY Shelley Lopez August 14, 2020
I had purchased a mobile laser hair restoration unit from Raymond Cox on August 26th 2013 as per credit card statement. -------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------- ----------------------------------------------------CRT USE ONLY $3535.00 $3,535.00 $0.00 $0.00 $0.00 $0.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
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CRT USE ONLY $0.00 $0.00 (receipts required ) (receipts required $0.00 $0.00 ) (receipts required if more than $50) expense description: $0.00 $0.00 $150.00 $150.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT USE ONLY $0.00 $0.00 % % $0.00 $0.00 $0.00 FOR CRT USE ONLY $0.00 CRT USE ONLY The applicant is also entitled to post-judgment interest. $3,685.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
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 following is the CRT's Default Decision and Order. CRT DECISION Proof of Notice: 1. A respondent must respond to a Dispute Notice within 14 days of receiving the Dispute Notice, as indicated on the Dispute Response Form or as permitted by the CRT. A respondent served outside of British Columbia has 30 days to respond, instead of 14 days. 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 CRT's rules. Jurisdiction: 3. The CRT's jurisdiction in small claims disputes is set out under section 118 of the Civil Resolution Tribunal Act (CRTA). The applicable CRT rules are those in place at the time the Dispute Notice is issued. 4. The CRT will make a binding decision without the participation of the respondent(s). The CRT will send the parties a copy of the final decision and order. 5. Where permitted under the CRTA, in resolving this dispute the CRT may order a party to do or stop doing something, pay money or make an order that includes any terms or conditions the CRT considers appropriate. Decision: 6. In accordance with the CRTA, I find the respondent(s) must pay the applicant(s) the monetary amounts as set out in the preceding pages. This amount is payable immediately.
7. I find the applicant(s) is entitled to any applicable post-judgment interest, which is not included as part of the total order amount. CRT ORDER 8. In accordance with the CRTA and the CRT'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. 9. As set out in 58.1(3) of the CRTA, a party may only enforce this order if the time for making a notice of objection has passed and a Notice of Objection has not been filed. The party in default has no right to make a Notice of Objection, as set out in section 56.1(2.1) of the CRTA. 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 CRT order has the same force and effect as an order of the Provincial Court of British Columbia. 11. The Minister of Public Safety and Solicitor General has issued a Ministerial Order under the Emergency Program Act, which says that tribunals may waive, extend or suspend a mandatory time period. The CRT can only waive, suspend or extend mandatory time periods during the declaration of a state of emergency. After the state of emergency ends, the CRT will not have this ability. A party should contact the CRT as soon as possible if they want to ask the CRT to consider waiving, suspending or extending the mandatory time to file a Notice of Objection to a small claims dispute. Tribunal Member: Shelley Lopez, Vice Chair Tribunal Member Signature:
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