The Civil Resolution Tribunal – Online Dispute Resolution Tools

0:00 – Civil Resolution Tribunal Jurisdiction Overview

0:01 Good afternoon everyone. My name is Jessica Samuel and I'm a team lead here at the Civil Resolution Tribunal, better known as the CRT. I'd like to thank the organizers of the BC Strata Tech conference for inviting me to speak today about the Civil Resolution Tribunal online dispute resolution tools. Before we begin I'd like to do a territorial acknowledgement. The Civil Resolution Tribunal gratefully and respectfully acknowledges that our work spans across the traditional territories of 198 First Nations and 38 Metis Chartered Communities in BC.

0:35 I personally would also like to acknowledge the fact that I get to live, work and play on the traditional unceded territories of the Lekwungen, Esquimalt and Songhees First Nations. So, the Civil Resolution Tribunal is Canada's first online tribunal. It has jurisdiction to resolve several types of claims: strata disputes, small claims, certain motor vehicle accidents, and some society and cooperative association disputes. The CRT began operations in 2016.

1:05 Since then, most strata claims come to the CRT. There are still some strata issues that have to be heard by the BC Supreme Court. One of the things that makes the CRT unique is that it offers tools to resolve disputes early, before the issues become bigger.

1:23 – Introducing the CRT Solution Explorer

1:25 Today I'm going to show you the CRT Solution Explorer. It's an online tool that's available 24 hours a day, seven days a week, and it's anonymous and free to use. It gives legal information that can help you learn about your strata issue. If you want to make a claim with the CRT, you can access the application form at the end of this exploration. So let's get started.

1:48 From the CRT's website homepage you can select strata property, scroll down, and you'll have two options: you can start an exploration as a member of the strata council or section executive, or as an owner and tenant. Let's choose owner. You can click start and accept the terms of use. It explains the Solution Explorer is anonymous and confidential and it doesn't collect any personal information. Let's explore a common issue in stratas.

2:18 You're Jasmine and you're having a problem with your neighbour Frank, who has a dog that barks a lot.

2:24 – Owner Exploration: Barking Dog Scenario

2:28 You want to find out what you can do about it. The Solution Explorer is going to ask you questions and provide information along the way. The first question it asks you is if your strata is a duplex. Let's say no. When you click next you come to a short video about using the Solution Explorer. Use the Civil Resolution Tribunal's Solution Explorer to help you resolve an issue with a strata corporation or strata section.

3:02 The Solution Explorer asks simple questions about your issue and situation. Choose the category that best describes what your strata issue is about. You can select any topic you want to learn about and navigate back at any time. We'll give you free legal information and communication templates so you can try to resolve the issue on your own. If you want to make a claim with the CRT, follow the prompts and click the apply button in your exploration report.

3:30 We'll take you directly to the online application form. You'll have to give some personal information and details about your claim. Now: who do you have an issue with? Select another owner, tenant or landlord, because in this case you have an issue with Frank, who's an owner. Click next. You'll get an information sheet with disputes between owners and tenants. This is important information. If your claim is about enforcing bylaws you must make the claim against the strata corporation, not another owner.

4:13 It's because only the strata corporation can enforce bylaws. For example, if you want another owner to comply with the noise bylaw, you could ask the CRT to order the strata to enforce that bylaw. There are some claims that an owner can make against another owner under the CRT's small claims jurisdiction, but a small claim can't be about enforcing bylaws. If you look at the top right of the screen you'll see that you can download or print any information sheet, or email it to yourself.

4:42 Let's click next. What would you like to do? Let's select contact the owner or tenant. This resource provides some negotiation tips if you want to invite Frank to talk about the issue and come up with ideas on how to solve it. Next. At this point you come to the end of the exploration, because you indicated that you would contact the other owner. Let's go back a couple of clicks and choose a different answer.

5:13 So you're back to, what would you like to do. Let's select see some recent CRT decisions related to my issue. Click here and it takes you to the CRT's decision database. All CRT decisions are available to the public. You'll see that the search terms are already entered, so that the search brings up strata decisions where an owner wanted to make a claim against another owner to comply with bylaws.

5:40 Generally the tribunal members say that owner to owner strata claims are not within the CRT's jurisdiction. However, some decisions resulted in the strata being ordered to enforce the bylaws if the strata was also named as a respondent. Now let's go back to the Solution Explorer and select keep exploring strata issues. When it asks you what is your issue about, we'll say, well, it's about bylaws, rules and enforcement.

6:09 – Bylaw Complaint Letter Templates

6:14 In this sheet it explains what bylaws and rules are, that it's the strata corporation's responsibility to enforce them, and that you can make a complaint. So, what is the issue about? Let's select pets or service animals. This information sheet explains animal related nuisances, and that whether the nuisance is unreasonable depends on the situation. So what is the issue with this pet? Let's select someone else's animal is causing a nuisance.

6:51 Now you'll see some choices on what you would like to do. You have several options. You've already tried working it out with the owner and you've learned about nuisance, so now you want to make a bylaw complaint to the strata council. The Solution Explorer gives you a template to make a bylaw complaint. Just fill in the fields, and the letter gives you appropriate language. It says, in accordance with the requirements of the Strata Property Act, please accept this letter as a formal complaint against so and so for violation of…

7:26 Enter the name of the owner, their strata lot number, and the number of the bylaw that you think they have violated. Then enter the details of your complaint, such as the dates, times and duration that the dog was barking. The letter asks council to look into this matter and ensure that the bylaws are enforced. After you've finished editing the letter you can email it to yourself, which sends you a PDF file and a Word document which you could edit further if you wish.

7:56 Or you can download the PDF file and print the document. The letter isn't saved in the Solution Explorer, so it's recommended that you email or download it so that you have a copy of it. The CRT can't see any letters you make or any of the information that you typed. So now that your letter is ready, make sure you deliver it correctly. Here you're given a link to read section 63 of the Strata Property Act, which lists the proper delivery methods to give the letter to the strata corporation.

8:30 Now look on the left hand side. This is a summary of the answers you chose in your exploration. It also lists the resources, the info sheets that you came across. At the top you'll see an access code. If you want to return to the exploration, save the code by emailing it to yourself or printing it. The Solution Explorer is anonymous and it doesn't save your email address.

8:52 Please note that the code does expire in 32 days, but you can start a new exploration at any time you wish.

9:02 – Council Exploration: Notice of Complaint

9:02 Now, from the strata council's point of view: they received Jasmine's complaint letter and they want to check and see what they should do. A council member can go to the Solution Explorer and start an exploration as a strata council. It starts in the same way: start a new exploration and agree to the terms. As a council member the first question is, tell us what your dispute is about.

9:30 The issue is about Frank, so select that the strata has an issue with an owner, tenant or landlord. It asks you what the issue is. Select an owner or tenant isn't complying with the strata bylaws or rules. This information sheet gives general information about bylaws and rules. Now, has the strata issued a notice of complaint to Frank? Select no, the strata will issue a notice. The Solution Explorer gives you a letter template called notice of complaint.

10:07 Council enters the details of the complaint from Jasmine, the number of the bylaw that has allegedly been violated, and gives Frank a deadline to respond. He can request a hearing if he likes. Council then sends the letter. The next information sheet explains the proper delivery methods for giving the notice of complaint letter to Frank. If Frank was a tenant, there are instructions for delivering a copy of the notice to the landlord as well.

10:39 You come to the end of this exploration because council has to deliver the letter. On the left hand side you will see an access code that expires in 32 days. You'll also see the information sheets and additional resources, such as the link to the CRT's decision database and some information about limitation periods. Let's say that the deadline has passed and Frank hasn't responded. Council can come back to this exploration with the access code, or start a new one.

11:10 I'm going to go back a few clicks to the question, have you issued a notice of complaint. This time select the first choice, because council issued notice of the complaint but Frank has not responded. This information sheet explains what council can do when there's no response to the notice of the complaint.

11:30 – Enforcing Bylaws and Issuing Fines

11:37 Now, what would council like to do? Select enforce the bylaw or rule. When you click next you get an information sheet that explains how bylaws and rules are enforced. At the next council meeting, council members can discuss the information that Jasmine provided in her complaint letter, and the fact that Frank hasn't responded, provided any information or requested a hearing. Council votes and then decides to issue a fine of a hundred dollars.

12:08 Council can't charge the fine yet, first they have to inform Frank of their decision. So this is a letter template called notice of bylaw or rule enforcement. The letter tells Frank the date that the notice of the complaint was given to him, the relevant bylaw number, and that council finds him in violation. It also informs Frank of council's decision to issue a fine, the amount of the fine and the deadline to pay it.

12:37 Just like before, you can email, save or print. The letter is not saved in Solution Explorer and the CRT cannot see any letters that you created. Again you get the information about the proper delivery methods for giving the notice to Frank. That's the end of this exploration, because council has to deliver the letter. But what happens if Frank doesn't pay the fine? In that case you, as a council member, can come back to the CRT's website and start a new exploration.

13:14 Again you'll select the strata has an issue with an owner, tenant or landlord.

13:26 – Demand Notice for Unpaid Fines

13:26 So what is the issue this time? Frank owes money to the strata, so we'll select option two, an owner or tenant owes money to the strata. You'll see a paragraph pops up here. This is important information. It says, before a strata corporation or section can make a CRT claim it must first give an owner or tenant at least two weeks written notice demanding payment and stating what action may be taken if the owner doesn't pay.

13:57 This info sheet gives details about money owed to the strata corporation. So what is the money for? We'll select a fine for bylaws or rules. This information sheet talks about fines and the process that must happen before issuing a fine. In this story the council has followed these steps. Next question: has the strata tried to collect the money? Select no, the strata will issue a demand notice for payment.

14:37 Here's a letter template for that. This letter is called a demand notice for payment. It explains how much money is owed, what the money is for and the deadline to pay. It says if Frank doesn't pay by the deadline the strata corporation can make a claim with the Civil Resolution Tribunal to recover the money owing. It also explains who Frank can contact to make arrangements to pay.

15:09 Once again you get the information sheet about the proper delivery methods for delivering the demand notice for payment to Frank. You can leave this exploration and wait and see if Frank pays the fine. Now the payment deadline has passed and you, as a council member, return to this exploration, or you can start a new one. Let's navigate back to this page. Has the strata tried to collect the money?

15:36 Select the first option, yes, but the owner hasn't responded. What would you like the strata to do next? Which solution would you like to explore? Let's select make a claim with the Civil Resolution Tribunal. This sheet talks about starting a legal claim to collect money. Non-payment of fines is in the list of issues that are within the CRT's jurisdiction. Now you'll see general information about making a claim with the CRT, like limitation periods, that's how much time the strata has to make the claim, that the strata can ask the CRT for permission to have a lawyer speak for them.

16:13 – Making a Claim and Application Form

16:16 And it explains that they will need evidence to prove the claim, and gives an overview of the steps in the CRT's process. This exploration has ended and you can view a summary report. It lists the answers you gave in your exploration and gives access to all the information sheets that you came across. You can come back to your report anytime in the next 32 days, just email, download or print your access code.

16:44 All the information up to this point is anonymous. Now the strata corporation can make a CRT claim. For example, the claim could ask the CRT to order the owner to pay the fine and comply with the noise bylaws. The claim doesn't have to be made right away, you can come back to this page using the access code within 32 days. If you want to make a claim, just click the green apply button and it takes you directly to the application form for a strata claim.

17:17 Here it explains that there is an application fee, that the information in the application form will be shared with others in the dispute, and that later in the CRT process you will be expected to provide evidence to support the claim. Please note that the name of the council member who is the contact person for the strata council, and the address, phone number and email address, will appear on the CRT legal document called a dispute notice.

17:37 – Owner Claim Against the Strata Corporation

17:40 Any owner in the strata can ask for a copy of it. Now let's go back and be Jasmine again. You don't think the strata council is enforcing the noise bylaw. You've been making notes of the days and times the barking has been unreasonable in your opinion. You want to see what your options are, so you start a new exploration as an owner. First, your strata is not a duplex.

18:10 You've already watched this video. So, who do you have an issue with this time? Let's select option two, you have an issue with the strata corporation, because you don't think council is enforcing the bylaws. What is your issue about? Let's select bylaws, rules and enforcement. This info sheet is about bylaws, rules and enforcement. Now the Solution Explorer gets more specific: what's the issue about? Let's select pets or service animals.

18:51 In this sheet you'll learn about common issues with pets. Now, what's the issue with pets or service animals? Let's select someone else's animal is causing a nuisance. What would you like to do? Well, you've tried to work it out with Frank, you've made a bylaw complaint to strata council, now you want to make a claim with the Civil Resolution Tribunal against the strata. However, you see this note that says, generally you must request a hearing with your strata council before making a CRT claim.

19:22 – Requesting a Strata Council Hearing

19:23 This is a legal requirement, and if you don't, the CRT might not accept your claim application, unless the CRT decides to waive that requirement. So let's change your answer and select ask my strata council for a hearing. This information sheet explains what a hearing is. It's simply an opportunity for an owner or tenant to be heard in person at a council meeting. The sheet explains how to request a hearing, how to prepare for your hearing, and what happens at the hearing.

20:01 You can use a letter template to request a hearing. The Strata Property Act has certain requirements for requesting a hearing. In this letter just fill in the information, such as the reason you're asking for a hearing and how to contact you. Now that your letter is ready, the Solution Explorer again gives you the link to read section 63 of the Strata Property Act, which lists the proper methods to give your hearing request letter to the strata corporation.

20:30 A few weeks later you have your hearing with the strata council, asking them to enforce the noise bylaw against Frank. Within a week you receive a letter from council and you're not happy with the response. You start a new exploration, or if it's been less than 32 days you can use your code to return to this one. Here's the question you want to get to. Now, what would you like to do?

20:58 You've had a hearing, you're not familiar with the law, so you might want to see some recent decisions related to my issue. This time the advanced search has keywords about bylaws and pets. You can read similar disputes about alleged violations of the bylaws where pets are causing issues. Now, going back to the Solution Explorer, and make a claim with the Civil Resolution Tribunal against the strata. This sheet gives you information about making a claim, such as the time limit for making a claim, that you can ask the CRT for permission to have a lawyer, and that you will need evidence to support your claim.

21:40 CRT tribunal members make decisions based on facts and evidence. Just giving your side of the story may not be enough to prove your claim. Next is information regarding CRT claims about strata bylaws. It explains that you have to decide what orders you want the CRT to make. These are called remedies. The CRT has authority to order the strata to pay money, to do something, or to stop doing something.

22:05 For example, you probably want the CRT to order the strata to enforce the noise bylaw against Frank. We can click next and then finish. Now you get a summary report with all the information sheets you came across in your exploration. You can click apply if you want to make a claim now, or come back here using your access code within 32 days.

22:29 – Access Codes and Solution Explorer Statistics

22:32 Each exploration has a unique access code, so if you do multiple explorations, remember to email, download or print each access code. Also note that an access code is anonymous and it is not a file number. If you make a claim you'll get a dispute number. If it's a strata claim it will begin with the letters ST for strata, followed by the year and followed by a six digit number.

22:58 The Solution Explorer is not a substitute for legal advice, it's legal information. But as you saw, it can provide a lot of information for you to follow certain requirements in the Strata Property Act, in this case to make a bylaw complaint, and for the strata council to enforce the bylaws. It also helps you complete the steps required by the law before making a CRT claim.

23:19 For example, the requirement that an owner must request a hearing before they can make a claim with the CRT, or the requirement that the strata council must send a demand for payment letter before making a claim to collect payment for a fine. I showed you just one scenario, about a barking dog. Choosing different topics will provide information on a wide range of issues that commonly occur in stratas.

23:46 The Solution Explorer has been used over 55,000 times in the last seven years. We think the information and templates are helping people learn about their strata issue and resolve their disputes early, because only 5,100 strata claims have been made. That's nine percent of the explorations. You can go to the CRT's website at any time and use it for free. There are separate solution explorers for motor vehicle accidents, small claims, strata, and society and cooperative association disputes.

24:16 – CRT FAQ, Facilitation and Decision Search

24:18 Each Solution Explorer has letter templates and information sheets specific to those types of disputes. Now I'm going to show you where you can find information about the CRT's process. You can go to frequently asked questions on our website, the FAQ page. Use the search bar to type in any word, such as evidence. You can also read articles in these categories, such as CRT participants, before you participate, making a claim, responding to a claim, negotiation and facilitation, evidence and arguments, getting a CRT decision, and what happens after a CRT decision.

25:01 Let's click on what is facilitation. If a claim isn't resolved when the participants negotiate with each other, the dispute continues to facilitation. That's where a case manager tries to help the participants reach an agreement. Over 50 percent of strata claims are resolved by this stage. The CRT can turn your settlement terms into an official consent resolution order that can be enforced in court, or make an official consent dismissal order if all participants agree to withdraw the claim.

25:36 If you don't reach an agreement during facilitation, the next step is a CRT final decision. Each participant has a secure online CRT account. In your CRT account you upload evidence and submit your written arguments. Then a tribunal member makes a decision based on the law and the evidence and arguments from the participants. You can also learn about the CRT process on the CRT's YouTube channel.

26:04 Go to the playlist for strata claims and you'll see videos including tips for owners or tenants filing a claim against the strata corporation or section, about remedies for strata claims, what is the default decision, what do CRT case managers do, evidence and arguments, and more. If you wish you can subscribe to the CRT's YouTube channel to be notified when we post a new video. Lastly, I want to show you the decisions section of the CRT website.

26:36 All final decisions and default decisions are posted here. There are over 14,000 CRT decisions, so the advanced search is helpful. Under collection you can select strata property decisions. There are over 2,000 strata decisions. There are what we call noteworthy decisions that you might find particularly interesting. Just select collection strata and noteworthy yes to find them. You can also search by date, decision number and keyword, for example flooring and noise.

27:10 Select the last few months if you want just the most recent decisions. If you'd like to be notified of new decisions, click mailing list, enter your email address and submit. Each weekday you'll get an email listing the new decisions. The email list is confidential and we can't see your email address. Thank you for joining me for this demonstration. I hope that you'll visit our website at civilresolutionbc.ca and try out the strata Solution Explorer.

27:46 Thank you.