CRT USE ONLY October 23, 2020 ST-2020-006539 TREVOR LEE WILSON The Owners, Strata Plan NW526 CRT USE ONLY J. Garth Cambrey, Vice Chair October 23, 2020
Payment of amount as per written agreement in settlement of CRT Dispute ST-2020-001984 WITHDRAWN. A cheque for the full claimed amount of A(1) was hand delivered by a representative of the Strata Council at approximately 4:00pm on Monday October 19, 2020. --------------------------------------------------- ------------------------------------------------------------------------------------------------------ ---------------------------------------------------CRT USE ONLY $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. The Owners, Strata Plan NW526 Repair without further delay the defective common property copper telephone lines providing service to SL 190, as per the agreement in settlement of ST-2020-001984 As per SPA 72(1) it is the Strata Corporation's responsibility to repair and maintain common property telephone utility lines. There is no dispute that this line is common property, is defective and has deteriorated further since the initial repair request was submitted on April 15, 2018. In settlement of ST-2020-001984, the Strata corporation agreed to facilitate repair. --------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT USE ONLY $0.00 $0.00 (receipts required ) (receipts required $0.00 $0.00 ) (receipts required if more than $50) expense description: $1.03 $1.03 Refund of claimant's strata lot U/E portion of filing fees. $150.00 $151.03 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. $151.03 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT Default Decision and Order The applicant(s) applied for strata property dispute resolution with the Civil Resolution Tribunal (CRT) and requested a default decision and order of the CRT. 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. 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. This means the respondent(s) are in default, as defined in section 1(1)(a) of the Civil Resolution Tribunal Act (CRTA). Jurisdiction: 3. The CRT’s strata property jurisdiction is set out in section 121 of the CRTA. The applicable CRT rules are those in place at the time the Dispute Notice was issued. 4. In a default decision such as this one, 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. Under the CRTA and the CRT’s rules, 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. Liability is assumed in default decisions. Since the respondent is in default, I find in favour of the applicant. 7. In accordance with the CRTA and the CRT’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. 8. I find the applicant(s) is entitled to any applicable post-judgment interest, which is not included as part of the “total order” amount. 9. I also find the respondent must take immediate steps to have the telephone line servicing the applicant’s strata lot (190) repaired. CRT ORDER 10.In accordance with the CRTA and the CRT’s rules, I order the respondent(s) to immediately pay the applicant(s) the monetary orders set out in the preceding pages. The applicant(s) is also entitled to post-judgment interest, as applicable. 11. I also order the respondent to take immediate steps to have the telephone line servicing the applicant’s strata lot (190) repaired. 12.Under section 57 of the CRTA, a validated copy of the CRT’s order can be enforced through the British Columbia Supreme Court. Under section 58 of the CRTA, the order can be enforced through the British Columbia Provincial Court if it is an order for financial compensation or return of personal property under $35,000. Once filed, a CRT order has the same force and effect as an order of the court that it is filed in. J. Garth Cambrey, Vice Chair
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