CRT USE ONLY ST-2018-006793 Strata The Owners, Strata Plan VR 840 Patricia Reay Clare CRT USE ONLY J. Garth Cambrey, Vice Chair March 22, 2019 APPLICANT[S] RESPONDENT[S] DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
ST-2018-006793 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. ------------------------------------------------------------------------------------------------------------------------------------------------------------2. ------------------------------------------------------------------------------------------------------------------------------------------------------------3. ------------------------------------------------------------------------------------------------------------------------------------------------------------Claim CRT USE ONLY Amount ($) Order ($) $0.00 $0.00 $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? Patricia Reay Clare An order that Patricia Reay Clare stop contravening Strata's Bylaws 4.1 and 46. Why? Ms. Clare's smoking is in contravention of the bylaws and is affecting the health of the other residents. Party name: What would like them to do or stop doing? Patricia Reay Clare Patricia Reay Clare stop smoking in strata lot, or on the common property or on limited common property. Why? Ms. Clare's smoking is in contravention of the bylaws and is affecting the health of the other residents. 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 $50) expense description: Land Title Office charges d. Expense CRT USE ONLY Amount ($) Order ($) $10.20 $10.20 ) $0.00 $0.00 ) $78.07 $78.07 $150.00 $238.28 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Interest Item 1. 2. 3. Court Order Interest Act 4. FOR CRT USE ONLY CRT USE ONLY The applicant is also entitled to post-judgment interest. Applicant CRT USE ONLY Submission Order ($) $0.00 $0.00 % % $0.00 $0.00 $0.00 $0.00 TOTAL ORDER: $238.28 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
CRT Default Decision and Order The applicant(s) applied for strata propertydispute 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 respondentmust 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 section121of 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 theparticipation of therespondent(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 amountsas setout 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. 8. I also find therespondent must comply with the applicant’s bylaws 4.1 and 46 and stop smoking in their strata lot, on the applicant’scommon property or limited common property. CRT ORDER 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 inthe preceding pages. The applicant(s) isentitled to post-judgment interest. I also order the respondent to comply with the applicant’sbylaws 4.1 and 46 and stop smoking in the respondent’s strata lot and on the applicant’s common property orlimited common property. 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 inthe Provincial Court of British Columbia a validated copy of the order which isattached 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 theProvincial Court of BritishColumbia. Under section 57 of the Act, a party can also enforce this final tribunal decision by filing,inthe 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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