CRT USE ONLY ST-2018-004917 Strata The Owners, Strata Plan BCS 753 David William Vanderhorst CRT USE ONLY J. Garth Cambrey, Vice Chair March 14, 2019 APPLICANT[S] RESPONDENT[S] DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
ST-2018-004917 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. Judgment against the Respondent CRT Note: Legal fees charged back to respondent ------------------------------------------------------------------------------2. ------------------------------------------------------------------------------------------------------------------------------------------------------------3. ------------------------------------------------------------------------------------------------------------------------------------------------------------Claim CRT USE ONLY Amount ($) Order ($) $1219.19 $1,219.19 $0.00 $0.00 $0.00 $0.00 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? David William Vanderhorst Declaration that Respondent is in breach of Bylaw 7 Why? The Respondent hasn't permitted the Strata Corp. to enter the unit to investigate & perform attic maintenance Party name: What would like them to do or stop doing? David William Vanderhorst An order that the Respondent comply with Bylaw 7 Why? To permit the Strata Corp to carry out investigative work and maintenance on the attic as similar to all other units 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 $50) expense description: Land Title Office searches d. Expense CRT USE ONLY Amount ($) Order ($) $174.50 $174.50 ) $0.00 $0.00 ) $21.53 $21.53 $150.00 $346.03 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Interest Item 1. 2. 3. Court Order Interest Act 4. Court Order Interest Act interest CRT USE ONLY The applicant is also entitled to post-judgment interest. Applicant CRT USE ONLY Submission Order ($) $1,219.19 $0.00 % % $20.51 $20.51 $13.17 $33.68 TOTAL ORDER: $1,598.90 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
CRT Default Decision and Order The applicant(s) applied for strata property dispute resolution with the Civil Resolution Tribunal (CRT or tribunal) and requested a default decision and order of the tribunal. The following is the tribunal’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 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 section 121 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 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. 8. I also find the respondent is in contravention of the applicant’s bylaw 7. I order the respondent to comply with bylaw 7 by permitting the applicant access their strata lot to carry out investigation and any required maintenance to the attic space that is the applicant’s responsibility. CRT ORDER 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. I also order the respondent, on 48 hours’ written notice, to provide the applicant access to the respondent’s strata lot and associated attic space for the purpose of investigating and attending to any required repairs that are the applicant’s responsibility. 11. 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. 12. 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: J. Garth Cambrey, Vice Chair Tribunal Member Signature: _______________________
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