Strata Property Decisions

CRT Use Only Date Provided: ______________________ File: ______________________ Type: ______________________ Civil Resolution Tribunal Indexed as: ___________________________________________________________ BETWEEN: • Please enter legal names of all applicants as they appear on the Dispute Notice • If the applicant is a strata, ensure that you identify either the strata corporation or the strata section as appropriate APPLICANT AND: • Please enter legal names of all respondents as they appear on the Dispute Notice • If the respondent is a strata, ensure that you identify either the strata corporation or the strata section as appropriate RESPONDENT ______________________________________________________________________ CRT Use Only DEFAULT Decision Order ______________________________________________________________________ Tribunal Member: _____________________________ Date: _____________________________

Dispute Number & Declaration Enter the Dispute Number as it appears on the Dispute Notice. Example: ST-2017-12345 or SC-2017-12345 __________________ I confirm I have provided the Dispute Notice to all respondents. The CRT advised me that no respondent has submitted a Dispute Response Form. You must provide confirmation of service for each respondent you served and submit it with this form. If you served a respondent by registered mail, you must prov ide the Canada Post confirmation of delivery. If you served a respondent by email (only if permitted by the tribunal rules), you must provide a copy of the reply email they sent to you acknowledging that they received y our email. If you served a respondent by fax (only if permitted by the tribunal rules), you must provide a copy of the fax confirmation sheet. If you served a respondent by courier, you must provide confirmation of delivery from the courier. If you served a respondent by delivering to a designated person or by following directions from the CRT, the CRT will rely on the signed proof of servic e as evidence you have served the respondent. Claims and Order Debt Claims A debt claim is a claim for a specific amount of money that the other party has agreed to pay you. For example, the other party agreed in a contract to pay you for services or goods. Only include claims that you included in your application for dispute resolution. Do not add new claims. Do not include CRT fees, dispute-related expenses, or interest. • Liability is assumed in default orders. This means you do not need to prove the other party is at fault. • Do not provide evidence for debt claims. • It is your responsibility to make sure the amounts you are claiming are supported by your contract or agreement. Debt Claim Description (do not include interest) Debt Claim CRT Amount ($) Order ($) a. $ b. $ c. $ d. $ For CRT Use Only Total Debt Claim Order:

Non-Debt Claims A non-debt claim is a claim where the exact amount owed has not been determined or agreed to. This also includes claims where you are asking a party to do or stop doing something. For example, the other party damaged your fence, and you are claiming the cost to repair it. Or, you want another strata owner to stop using your parking spot. Section 1: Non-Debt Monetary Claim Description If you are making a claim for money from the other party, please enter the details below. Only enter claims you included in your application for dispute resolution. • Describe each claim. • Describe evidence to support each claim in the section provided. You must provide a copy of evidence to support the amount or value of each claim. Please remember to attach an electronic copy of the evidence when you submit this form. • Liability is assumed in default orders. This means you do not need to prove the other party is at fault. For example, if the other party damaged your fence and you are claiming repair costs, you should provide evidence to support the amount of money needed to repair your fence. The other party is assumed to be at fault because they did not respond to your Dispute Notice. Non-Debt Claim (do not include interest) Claim CRT Amount ($) Order ($) Describe claim “a”: a. Describe evidence to support the amount of claim “a”: $ Describe claim “b”: b. Describe evidence to support the amount of claim “b”: $ Describe claim “c”: c. Describe evidence to support the amount of claim “c”: $ Describe claim “d” d. Describe evidence to support the amount of claim “d”: $ For CRT Use Only Total Non Debt Claim Order:

Section 2: Non-debt Claims - Other Orders (For example, requests for a party to do or stop doing something) If you would like the tribunal to order a party to do or stop doing something, include it below. Explain what you would like the tribunal to order, and why you would like the order. For example, an order that my neighbour stop spraying pesticide on my lawn because it is affecting my health. Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. Requests for a party to do or stop doing something Party Name What would you like them to do or stop doing? Why? CRT fees and dispute-related expenses You can claim CRT filing fees and reasonable expenses you paid to prepare for the CRT dispute resolution process. Generally, the CRT will not order the reimbursement o f fees paid to a lawyer or other representative. Please submit your receipts to the tribunal by email, along with this form. CRT Fees and Expenses Description Expense CRT Amount ($) Order ($) a. Service fees (For example, courier or registered mail) (receipts required) $ $ b. Cost of expert reports to support CRT claim (receipt required) $ $ c. Other expenses ______________________________________ (receipts required) $ $ d. CRT Application and other fees (no receipts required) $ $ For CRT Use Only Total Fee and Expense Order Interest: Please enter the interest rate that applies to your claim. The interest rate must be specified in your contract or strata bylaws. If it is not, please refer to the Court Order Interest Act to identify the applicable interest rate. Do not submit your contract. The CRT will calculate interest from the date of the Dispute Notice to the date of the Default Order. For more information on Court Order Interest please see: http://www.courts.gov.bc.ca/supreme_court/about_the_supreme_court/Court_Order_Interest_Rates.aspx Interest Item Applicant Submission CRT Order Principal amount owing as of dispute notice date: $ $ Contractual rate of interest (if any, specified as an annual rate) % Interest on principal amount owing up to the Dispute Notice date $ $ Interest from the Dispute Notice date to the Default Order date N/A $ For CRT Use Only Total Interest Order: For CRT use only Total Order $ The applicant is also entitled to post-judgement interest.

The following Decision and Order was made by Civil Resolution Tribunal (tribunal) member J. Garth Cambrey, Vice Chair on August 10, 2017 1) The applicant has applied for dispute resolution with the tribunal and has requested a default decision and order of the tribunal. Proof of Notice: 2) A respondent must respond to a dispute notice within 14 days of receiving the dispute notice, as indicated on the dispute response form. 3) I have reviewed the dispute notice dated May 19, 2017 and the completed proof of notice with submitted evidence and find the respondent has properly been provided with a copy of the dispute notice under the Civil Resolution Tribunal Act (Act) and tribunal rules. In particular, I find the respondent was provided with a copy of the dispute notice on June 29, 2017, as the applicant certified that it was delivered in person on that date. I accept that the applicant had unsuccessfully attempted to provide notice by email and registered mail prior to delivering the dispute notice in person. Tribunal staff have confirmed the respondent has not provided a response to the tribunal by the response deadline. 4) I am satisfied, on the balance of probabilities, that the respondent received the dispute notice and did not respond to it by the deadline set out in the tribunal’s rules. Jurisdiction: 5) The tribunal’s jurisdiction is set out under sections 3.1 and 3.6 of the Act. The applicable tribunal rules are those in place at the time the Dispute Notice is issued. 6) The tribunal will make a binding decision without the respondent’s participation. The tribunal will send the parties a copy of the final decision and order.

7) Under the Act and the tribunal’s rules, in resolving this dispute the tribunal may make one or more of the following orders: a) Order a party to do something b) Order a party to refrain from doing something c) Order a party to pay money Order: 8) In accordance with the Act and the tribunal’s rules, I order the respondent to pay the applicant the monetary orders set out in the preceding pages which total $8,629.78. This amount is payable immediately. 9) The applicant is entitled to any applicable post-judgement interest. 10) Orders for financial compensation or the return of personal property can be enforced through the Provincial Court of British Columbia. However, the principal amount or the value of the personal property must be within the Provincial Court of British Columbia’s monetary limit for claims under the Small Claims Act (currently $35,000). Under section 58 of the Act, the applicant can enforce this final decision by filing in the Provincial Court of British Columbia a validated copy of the order which is attached to this decision. The order can only be filed if, among other things, the time for an appeal under section 56.5(3) of the Act has expired and leave to appeal has not been sought or consented to. Once filed, a tribunal order has the same force and effect as an order of the Provincial Court of British Columbia. 11) Under section 57 of the Act, a party can also enforce this final tribunal decision by filing, in the Supreme Court of British Columbia, a validated copy of the order which is attached to this decision. The order can only be filed if, among other things, the time for an appeal under section 56.5(3) of the Act has expired and leave to appeal has not been sought or consented to. Once filed, a tribunal order has the same force and effect as an order of the Supreme Court of British Columbia. _________________________ J. Garth Cambrey, Vice Chair 2