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Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the Provincial Court to have this enforced but the process isn't clear to me. What is the first step? Can the winner at the CRT stage just email the Court a copy of the order and pay the processing fee? Will the person have to appear in the court room, before a judge, or not because the decision is already made and this is just for enforcing?

From http://www.smallclaimsbc.ca/crt-claims-up-to-5000

Enforcing a CRT order

Negotiated consent orders and final decisions of the CRT can be filed in the Provincial Court for enforcement. For a final decision you must wait 28 days from the date of the decision before you can file. Filed CRT orders can be enforced the same way as Provincial Court judgments.

So how exactly does a person file the order?

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The Civil Resolution Tribunal Act, SBC 2012, c 25 provides, in Part 6 — Enforcement of Tribunal Orders

Enforcement by filing in Supreme Court

57 (1) A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

Enforcement by filing in Provincial Court

58 (1) A validated copy of an order referred to in section 57 [enforcement by filing in Supreme Court] may be filed in the Provincial Court if

(a) the order is for financial compensation or the return of personal property, and

(b) as applicable,

(i) the principal amount set out under section 48 (2) [order for payment of money], or

(ii) the value of the personal property

is within the monetary limit for claims under the Small Claims Act.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.

Enforcement of small claims decisions

58.1 (1) A consent resolution order in relation to a tribunal small claim [words not in force] may be enforced by filing, in the Provincial Court, a validated copy of the order.

(2) A final decision of the tribunal in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order giving effect to the final decision.

(3) A party may file an order in the Provincial Court under subsection (2) only if both of the following apply:

(a) the time for making a notice of objection has expired;

(b) no notice of objection has been made.

(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.

Information about procedures may be obtained from the BC Small Claims online Help guide, which says in part:

Court orders

Once a trial is over and you have a court order, there is usually more you will have to do to get whatever the judge decided you were entitled to.

The order – or judgment decision – needs to be put in writing and then filed with the court before you can take any steps to enforce or collect on the order. The court does not collect the money for you but the judge can set a schedule of payments. Once filed, an order expires after 10 years. For best results, action should be taken right away; however there is no guarantee that the debtor will pay.

The Ministry of Attorney General has prepared a guide to help you collect on a judgment – it’s called Getting Results.

Section 2 of the "Small claims - Getting results" web page says:

Whether your payment order was made by a judge after a trial or settlement or trial conference, or whether you got it by default, the order first has to be put in writing. Then you give it to the registry, where it will be signed and entered in the court records. This is called filing the order and it must be done before you can take any steps to collect on it. Sometimes, the judge will sign an order right at your appearance, this can usually be used for enforcement but it is best to check with the court registry.

After that, the first thing you may wish to do is send a copy to the debtor with a letter asking for prompt payment. Be sure to include the address where payment may be made. Set a reasonable deadline, taking into account whether payment will likely come by mail and other circumstances you may know about.

If that doesn't work, you will have to take other steps to enforce your order. You have ten years before the order expires, but usually, the faster you act, the better your results will be.

A final decision from the Civil Resolution Tribunal, Residential Tenancy Branch and many other tribunals can be filed in Provincial Court for enforcement. Usually the tribunal’s rules, or the laws that govern it, will tell you if you can. It is important to make sure that you have done everything required under their rules or laws before you come to the court registry to file for enforcement. Once it is filed, it can be enforced as if it was an order of the court.

The document Making a claim for proceedings previously initiated before CRT says, in section 5, after describing the Civil Resolution Tribunal claim form and how to fill it out:

You can file the completed notice of Civil Resolution Tribunal claim form in person or by mail at the court registry nearest to either:

where the defendant lives or carries on business; or
where the event that led to the claim happened.

For example, if the event happened in Vancouver, but the defendant lives or carries on business in Surrey, you could file at Vancouver Provincial Court or Surrey Provincial Court.

Find contact information for court registries. Certain registries currently accept filings by fax. Find out more about fax filing.

In addition, registries allow electronic filing of documents (a fee is charged) through Court Services Online (CSO). To eFile with CSO, a client must have a registered account with CSO and accept the user agreement. If you need any assistance with CSO, contact information is listed on the Contact Us link at the top right-hand corner of the home page. In addition, a client must have either a BCeID account with a registered credit card or BC Online account. Learn more information on obtaining a BCeID or BC Online account.

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  • Regarding Making a claim for proceedings previously initiated before CRT, does this document apply to the situation of just getting an order enforced? It states If the claim was previously started at the Civil Resolution Tribunal (CRT), you can file a claim in small claims court if: the CRT has made a final decision in the claim and a party has filed a notice of objection but the defendant never filed an objection (he simply ignored everything).
    – Clockatok
    Jan 6 at 14:08
  • @Clockatok I think the situation describes in the question is covered. The document says that the claim form includes detailed instructions at the start. If those do not help, you might call the office of the clerk of the provincial count. Help might be available there. Jan 6 at 16:01
  • I am confused to the difference between small claims, provincial court and supreme court? From what I understand, small claims is part of the Provincial Court, so what difference would it make to file with the Supreme Court?
    – Clockatok
    Jan 8 at 3:34
  • As I read SBC 2012 sec 57 (above) some kinds of orders the Provincial Court does not handle, but a claim for money damages it does. I am not clear if small claims is a part of the PC, a part of the CRT, or a separate thing. Did the claim form and its instructions (linked above) help? Jan 8 at 3:46

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