Civil Litigation
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The Civil Resolution Tribunal (CRT) is the British Columbia tribunal that decides most small claims up to $5,000, many motor vehicle accident claims up to $50,000, and a wide range of strata, cooperative association and society disputes. Its process is designed for people to represent themselves, its decisions can be enforced like court judgments, and since 2022 the main way to challenge a final decision is judicial review in the Supreme Court of British Columbia.
Key points
This guide explains what the CRT can decide, how a claim moves from application to decision, when a court may still be involved, and what to do if you disagree with the result.
Table of contents
The CRT is an administrative tribunal established under the Civil Resolution Tribunal Act, SBC 2012, c 25 (the CRT Act). It is not a court, but within the areas the legislature has assigned to it, it makes binding decisions and its orders can be enforced through the courts.
The CRT Act divides a tribunal proceeding into two phases: a case management phase, where settlement is facilitated and the case is prepared, and a tribunal hearing phase, where a tribunal member decides the dispute if it has not settled (s. 17). The tribunal’s own website, civilresolutionbc.ca, explains how to start or respond to a claim.
The CRT’s jurisdiction is set out in Part 10 of the CRT Act. The main areas are:
The CRT Act uses two labels that affect whether a court will hear a claim (s. 1(3)–(4)):
Section 118 does not label small claims either way, but the Small Claims Act, RSBC 1996, c 430, s. 3(3), makes Provincial Court jurisdiction subject to section 16.4 of the CRT Act.
If a lawsuit is filed in court on matters that are all within the CRT’s jurisdiction, section 16.1 directs the court to dismiss an exclusive jurisdiction claim, to dismiss a specialized expertise claim unless it is not in the interests of justice and fairness for the CRT to decide it, and allows the court to stay or dismiss other claims unless that exception applies. Section 16.4(1) generally bars bringing or continuing an in-jurisdiction claim in court, subject to listed exceptions. Notably, section 16.4(2) allows a tribunal small claim to proceed in the Supreme Court, and allows an accident liability and damages claim to proceed there if all parties consent.
Because these rules are technical, a claim that combines CRT and non-CRT issues, or a claim close to the monetary limits, is worth reviewing with a lawyer before filing. Our Vancouver small claims lawyers page explains how we assist with small claims matters.
If the parties reach an agreement in a tribunal small claim, a consent resolution order can be enforced by filing it in the Provincial Court (s. 58.1).
Section 20(1) of the CRT Act states that, unless otherwise provided, the parties are to represent themselves. Under section 20(2), a party may be represented by a lawyer or another individual with authority to bind the party if:
Section 20(4) generally requires a representative to be a lawyer, unless the rules permit otherwise or the tribunal considers the proposed representative appropriate. Even where a lawyer does not appear on your behalf, you can obtain legal advice to assess your claim or defence, organize evidence, draft submissions and consider settlement.
Section 13.1 of the CRT Act provides that the basic and ultimate limitation periods under the Limitation Act do not run after a request is made under section 4 for the CRT to resolve the claim. Section 13.1 does not itself say when those periods resume.
Separate time limits apply in other situations. Section 13.2 sets a 28-day period to bring or continue a court claim after certain CRT decisions not to issue an initiating notice, refusals to resolve a claim, or a court order that the CRT not adjudicate. Section 13.4 pauses those periods while a judicial review or related appeal is pending. For a broader explanation of BC limitation periods, see our article on limitation periods in BC civil litigation.
Before 2022, a party to a CRT small claim could file a notice of objection within 28 days of receiving notice of the final decision, which made the decision non-binding and could lead to a new trial in the Provincial Court (see Sproule v Schafer, 2018 BCPC 279, quoting the former s. 56.1). Those provisions (former ss. 56.1–56.4) were repealed in 2022. The Provincial Court has since described judicial review as the only remaining route to challenge a CRT decision (D’Acquigney v. Resthaven Residences Ltd., 2022 BCPC 242, at para. 2).
Judicial review is brought by petition in the Supreme Court of British Columbia (Judicial Review Procedure Act, RSBC 1996, c 241, s. 2(1)). Key rules in the CRT Act:
Judicial review is not a new hearing of the dispute. The court asks whether the decision meets the standards set out in the CRT Act, so it is important to put your full case forward at the tribunal stage.
A CRT order is enforced by filing it with a court:
Once filed, the order has the same force and effect as a judgment of that court, and the usual court enforcement tools become available.
The Civil Resolution Tribunal (CRT) is a British Columbia tribunal created by the Civil Resolution Tribunal Act, SBC 2012, c 25. It resolves certain small claims, motor vehicle accident claims, strata property disputes, and some cooperative association and society disputes.
The Tribunal Small Claims Regulation sets the maximum tribunal small claim at $5,000, not counting interest and expenses ordered under section 49 of the Act. The claim must be for debt or damages, recovery of personal property, specific performance of an agreement about personal property or services, or relief from opposing claims to personal property (s. 118(1)).
Generally not. The Small Claims Act, s. 3(3), makes Provincial Court jurisdiction subject to section 16.4 of the Civil Resolution Tribunal Act, which generally bars bringing an in-jurisdiction claim in court. Section 16.4(2) does allow a tribunal small claim to proceed in the Supreme Court, and there are other listed exceptions.
The CRT decides accident benefit entitlement and minor injury determinations (exclusive jurisdiction), liability and damages claims up to $50,000 including related property damage but excluding interest and expenses, and certain responsibility determinations (s. 133). Some claims are excluded, including claims about accidents before April 1, 2019 (s. 134).
Yes. Section 121 covers many Strata Property Act disputes, such as common property, use or enjoyment of a strata lot, money owing, strata corporation decisions and certain voting rights. The CRT is considered to have specialized expertise in these claims rather than exclusive jurisdiction.
The general rule is that parties represent themselves (s. 20(1)). A lawyer or other representative may act if the party is a child or a person with impaired capacity, if the CRT rules permit it, or if the tribunal permits it in the interests of justice and fairness (s. 20(2)). You can still get legal advice outside the proceeding.
There is no general appeal. The former notice of objection process for small claims was repealed in 2022. Today, a party who believes a final CRT decision is legally flawed may apply to the Supreme Court of British Columbia for judicial review.
Under section 56.6 of the Civil Resolution Tribunal Act, an application for judicial review must be started within 60 days of the date the decision is given. The court may extend the time in limited circumstances, including where there are serious grounds for relief and a reasonable explanation for the delay.
For exclusive jurisdiction and specialized expertise claims, findings of fact and law and discretionary decisions are generally reviewed for patent unreasonableness, and procedural fairness is assessed by whether the CRT acted fairly in all the circumstances (s. 56.7). Accident liability and damages decisions follow section 56.8, which applies correctness to some questions.
A final CRT decision can be filed in the Supreme Court (s. 57), and qualifying money or personal property orders can be filed in Provincial Court (s. 58). Tribunal small claims orders are filed in Provincial Court (s. 58.1). Once filed, the order has the same effect as a judgment of that court.
Section 13.1 provides that the basic and ultimate limitation periods under the Limitation Act do not run after a request is made to the CRT to resolve the claim. Other time rules may apply if the CRT refuses to resolve a claim, so deadlines should be checked early.
If the CRT declines to issue an initiating notice or refuses to resolve a claim, section 13.2 sets a 28-day period for bringing or continuing the claim in court in specified situations, and section 16.4(3) may require judicial review first in some cases. Legal advice can help you choose the correct route.
If you are preparing a Civil Resolution Tribunal claim, responding to one, or considering judicial review of a CRT decision, Pax Law Corporation can review your situation and explain your options. Pax Law Corporation is a general practice with offices in North Vancouver and Toronto, and you can book a consultation with either office.
Disclaimer: This article is general information only and is not legal advice. The Civil Resolution Tribunal Act, its regulations and the tribunal’s rules can change, and the right answer depends on the facts of each dispute. Please speak with a lawyer about your own situation before you act.
This article is for general information only and is not legal advice. The law can change and every case is different. Reading it does not create a lawyer–client relationship. For advice about your own situation, please book a consultation with a lawyer.
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