ST-2018-000479 Strata The Owners, Strata Plan KAS 572 Byron Stirling Diana Bob Kate Campbell August 3, 2018
ST-2018-000479 ✔
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------$1,020.58 $1,020.58 $0.00 $0.00 $0.00 $0.00
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$29.52 $29.52 $0.00 $0.00 $0.00 $0.00 $150.00 $179.52
$0.00 $0.00 % % $0.00 $0.00 $0.00 FOR CRT USE ONLY $0.00 ✔ $1,200.10
CRT Default Decision and Order The applicant(s) applied for strata propertydispute 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 section3.6 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 amounts as 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. CRT ORDER 8. 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. 9. Under section 189.4(b) of the Strata Property Act, an owner who brings a claim against a strata is not required to contribute to the strata’s expenses incurred in defending that claim. I order the strata to ensure that no part of the amount ordered to be paid by the strata, or any other expenses incurred by the strata in respect of this claim, are allocated to the owner. 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 theSmall 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. Tribunal Member: Kate Campbell Tribunal Member Signature: _______________________ 3
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