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CIVIL RESOLUTION TRIBUNAL ACT

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发表于 5/7/2019 14:17:31 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 5/7/2019 14:33 编辑

CIVILRESOLUTION TRIBUNAL ACT
[SBC2012] CHAPTER 25

Assentedto May 31, 2012


Part 1 —Definitions and Tribunal Mandate
Division 1 — Definitions and Interpretation
Definitions and interpretation
1   (1)Inthis Act:
"accident claim" means a claim over which the tribunal has jurisdiction under Division 7 [Accident Claims] of Part 10 [Tribunal Jurisdiction];
"applicable Act" means the enactment referred to in section 2.1 in relation to a claim category;
"case management" means the part of a tribunal proceeding for a dispute that is conducted under Part4 [Case Management Phase];
"case manager" means a tribunal member or other tribunal officer assigned responsibility in relation to Part 4 [Case Management Phase];
"chair" means the chair of the tribunal appointed under section 67 [tribunal chair];
"child" means a person who is under 19years of age;
"claim" includes any matter that may bere solved by the tribunal;
"claim category" means a category of claims referred to in section 2.1;
"consent resolution order" means an order of the tribunal under
(a)section 26 [consent resolution orders if parties resolve issues or claims by agreement — case management phase], or
(b)section 41 [consent resolution orders if parties resolve issues or claims by agreement — tribunal hearing phase];
"constitutional question" means any question that requires notice to be given under section 8 [Attorney General to be given notice of certain constitutional questions] of the Constitutional Question Act;
"continue" includes the continuation or the transfer, as the case may be, of a claim in a court;
"court" means the Supreme Court or Provincial Court having jurisdiction;
"default" includes the following circumstances:
(a)if a party fails to comply with section 7 [giving and responding to initiating notice];
(b)if section 36 [referral to tribunal for non-compliance] or section 52 [tribunal may hear or dismiss claims or dispute if party does not participate] applies;
"dismissal order" means an order of the tribunal under
(a)section 22 [parties may request consent dismissal order],
(b)section 35 (2) (a) [order dismissing claim that is an abuse of process],
(c)section 36 (3) (b) [order dismissing claim of non-compliant party in case management phase], or
(d)section 52 (1) (b) [order dismissing claim if party does not participate in tribunal hearing];
"dispute" means the claims that are to bere solved in a single tribunal proceeding;
"electronic" means created, recorded,transmitted or stored in digital or other intangible form by electronic,magnetic or optical means or by any other similar means;
"electronic communication tools" includes a computer program, or other electronic means, used by way of the internet or otherwise, to initiate an activity or to respond to electronic information, records or activities in whole or in part without review by an individual at the time of the activity or response;
"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims, under section115 [exclusive jurisdiction of tribunal — privative clause];
"facilitated settlement" means dispute resolution services provided under Division 2 [FacilitatedSettlement] of Part 4 [Case Management Phase];
"final decision" means
(a)a decision of the tribunal under section 46 (1) (a) [finaldecision following tribunal hearing] resolving the claims in a dispute,
(b)a decision of the tribunal by way of a consent resolution order, or
(c)a decision of the tribunal by way of a dismissal order;
"formal written reasons",in relation to a final decision of the tribunal, means written reasons that are identified in the reasons as being formal written reasons of the tribunal;
"initiating notice" means the notice given under section 6 (1) [initiating notice] by the tribunal to the initiating party;
"initiating party" means the person who made the initial request for tribunal resolution under section4 [asking the tribunal to resolve a claim] with respect to a dispute;
"legally binding process" means a court proceeding or other process for seeking a remedy that provides a legally binding decision respecting a claim;
"online dispute resolution services" means dispute resolution services that are provided by way of electronic communication tools and are intended to assist parties in resolving a dispute by agreement without direct assistance from a tribunal officer or person engaged or retained by the tribunal to provide facilitated settlement;
"order giving effect to a final decision" means a tribunal order under section 46 (1)(c) [order giving effect to final decision following hearing];
"participate", in relation to a tribunal hearing,includes participation in the hearing through the means referred to in section39 [how tribunal hearings are conducted]that apply to the hearing;
"party" means an initiating party or a responding party;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"practice directive" means a practice directive under section 63 [practice directives];
"referenced claim" means a claim over which the tribunal has jurisdiction under Division 2 [ReferencedClaims] of Part 10;
"refusal", in relation to a claim or dispute,means a refusal by the tribunal under
(a)section 11 [general authority for tribunal to refuse to resolve claim or dispute], or
(b)section 36 (3) (c) [tribunal may refuse to resolve claim if party does not comply];
"request for tribunal resolution" means a request under section 4 [asking the tribunal to resolve a claim];
"responding party" means a person who makes a response under section 7 [response];
"rules" means the rules of practice and procedure established under this Act for the tribunal;
"specialized expertise" means the expertise that the tribunal is to be considered to have in respect of certain claims, under section 116 [specialized expertise of tribunal];
"strata property claim" means a claim over which the tribunal has jurisdiction under Division 4 [StrataProperty Claims] of Part 10;
"tribunal" means the Civil ResolutionTribunal referred to in section 2 [Civil Resolution Tribunal mandate and role];
"tribunal member" means
(a)the chair,
(b)a vice chair or other tribunal member appointed under section 68 [vicechairs and other members], or
(c)a temporary tribunal member appointed under section 69 [temporarytribunal members];
"tribunal officer" means a tribunal member or a person appointed under section 76 [othertribunal officers];
"tribunal small claim" means a claim over which the tribunal has jurisdiction under Division 3 [TribunalSmall Claims] of Part 10, but does not include any other claim category;
"validated", in relation to orders and final dice chair of the tribunal under section 68 (1) [vice chairs].
(2)A claim that may be either a tribunal small claim or a claim in another claim category within the jurisdiction of the tribunal is to be adjudicated as the claim category that is not a tribunal small claim.
(3)For the purposes of this Act, the tribunal has exclusive jurisdiction in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal has exclusive jurisdiction.
(4)For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal is to be considered to have specialized expertise.

 楼主| 发表于 5/7/2019 14:40:35 | 显示全部楼层
本帖最后由 郭国汀 于 5/7/2019 14:41 编辑

Division2 — Tribunal Mandate
Civil Resolution Tribunal mandate and role
2   (1)TheCivil Resolution Tribunal is established, consisting of the chair and othertribunal members appointed in accordance with this Act.
(2)The mandate of the tribunal is to provide dispute resolution servicesin relation to matters that are within its authority, in a manner that
(a)is accessible, speedy, economical, informal and flexible,
(b)applies principles of law and fairness, and recognizes anyrelationships between parties to a dispute that will likely continue after thetribunal proceeding is concluded,
(c)uses electronic communication tools to facilitate resolution ofdisputes brought to the tribunal, and
(d)accommodates, so far as the tribunal considers reasonably practicable,the diversity of circumstances of the persons using the services of thetribunal.
(3)In fulfilling its mandate, the role of the tribunal is
(a)to encourage the resolution of disputes by agreement between theparties, and
(b)if resolution by agreement is not reached, to resolve the dispute bydeciding the claims brought to the tribunal by the parties.
(4)In addition to its responsibilities in relation to disputes brought tothe tribunal for resolution, the tribunal may
(a)provide the public with information on dispute resolution processesgenerally, and
(b)make its online dispute resolution services available to the publicgenerally.
General authority of tribunal — claim categories
2.1  The tribunal may, in accordancewith this Act, adjudicate the following claim categories:
(a)claims in relation to a relevant enactment, under Division 2 [ReferencedClaims] of Part 10 [Tribunal Jurisdiction];
(b)claims in relation to the Small Claims Act, under Division 3 [TribunalSmall Claims] of Part 10;
(c)claims in relation to the Strata Property Act, under Division 4 [StrataProperty Claims] of Part 10;
(d) and (e)[Not in force.]
(f)claims in respect of accidents, as defined in section 132 [definitionsfor Division — accident claims], under Division 7 [Accident Claims] ofPart 10.
Repealed
3  [Repealed 2015-16-2.]
Part 1.1
Division 1
Repealed
3.1  [Repealed 2018-17-5.]
Not in force
3.2-3.4  [Not in force.]
Division 2-4
Repealed
3.5-3.8  [Repealed 2018-17-5.]

 楼主| 发表于 5/7/2019 15:53:03 | 显示全部楼层
Part 2 —How to Bring a Matter to the Tribunal
Division 1 — Initiating a Claim
Asking the tribunal to resolve a claim
4   (1)Aperson who has a claim that is within the jurisdiction of the tribunal may, inaccordance with this Part, make a request to the tribunal asking the tribunalto resolve the claim.
(1.1)A person may not make a request for tribunal resolutionif
(a)the applicable Act in respect of the claim describes aclass of persons who may make a request for tribunal resolution, and
(b)the person is not in the described class of persons.
(2)A request for tribunal resolution must be made
(a)in a manner required or authorized under the rules, and
(b)with payment of any applicable fees for the casemanagement phase and the tribunal hearing phase.
(3)[Repealed 2018-17-6.]
Use of online dispute resolution services may be requiredbefore request accepted
5  If required under therules, before a person makes a request for tribunal resolution, the person mustattempt to resolve the dispute using online dispute resolution servicesprovided by the tribunal.
Initiating notice
6   (1)Onreceiving a request for resolution, the tribunal must give the initiating partyan initiating notice if, on initial review,
(a)the claim appears to be within the jurisdiction of thetribunal,
(b)the request for resolution appears, on its face, todisclose a reasonable claim, and
(c)the claim meets all of the other requirements under thisAct.
(1.1)The tribunal may give an amended initiating notice.
(2)If the tribunal decides to give an initiating notice undersubsection (1), this decision has no binding effect and, for certainty, doesnot preclude a subsequent decision by the tribunal not to resolve the claimunder section 11 [general authority for tribunal to refuse to resolveclaim or dispute].
(3)If the tribunal decides not to give an initiating noticeunder subsection (1), the tribunal must notify the initiating party and, onrequest, give reasons.
Giving and responding to initiating notice
7   (1)Thetribunal may resolve a claim only if the initiating party serves, or is deemedto have served, in accordance with the rules, a copy of the initiating noticeto all persons against whom the claim is made.
(2)On being served, or being deemed to have been served, with aninitiating notice, a person must make a response in accordance with the rules.
(3)If none of the persons served, or deemed to have been served, with aninitiating notice make a response within the time required by the rules, thetribunal
(a)must give the initiating party notice that none of the persons served,or deemed to have been served, made a response, and
(b)may, subject to sections 10 [claims to be resolved must bewithin tribunal authority], 11 (1) [general authority for tribunalto refuse to resolve claim or dispute] and 37 [cancellation offinal decision or dismissal order under section 36], proceed to adjudicatethe dispute in accordance with any applicable rules.
(4)If one or more of the persons served, or deemed to have been served,with an initiating notice make a response within the time required by therules, the tribunal may do one of the following:
(a)determine under section 10 (1) that the tribunal does nothave jurisdiction over the claim;
(b)refuse to resolve the claim under section 11 (1);
(c)proceed to the case management phase.
Repealed
8  [Repealed 2015-16-5.]
Government as party
9   (1)Thegovernment may not be a party to a tribunal proceeding unless the tribunalproceeding is in relation to
(a)a claim over which the tribunal has exclusivejurisdiction,
(b)an accident claim, or
(c)a claim in a class of claims that is prescribed byregulation.
(2)If the government is a responding party to a tribunalproceeding referred to in subsection (1), the Crown Proceeding Act applies.
Claims to be resolved must be within tribunal authority
10   (1)Thetribunal must refuse to resolve a claim that it considers is not within thejurisdiction of the tribunal.
(2)A claim that involves
(a)one or more issues that are within the tribunal'sjurisdiction, and
(b)one or more issues that are not within the tribunal'sjurisdiction
may beamended to remove the issues that are not within the tribunal's jurisdiction.
General authority for tribunal to refuse to resolve claim ordispute
11   (1)Thetribunal may refuse to resolve a claim or a dispute within its jurisdiction ifit considers that any of the following apply:
(a)the claim or the dispute
(i)would be more appropriate for another legally bindingprocess or dispute resolution process, or
(ii)has been resolved through a legally binding process orother dispute resolution process;
(b)the request for resolution does not disclose a reasonableclaim or is an abuse of process;
(c)issues in the claim or the dispute are too complex for thedispute resolution process of the tribunal or otherwise impractical for thetribunal to case manage or resolve;
(d)resolving the claim or the dispute may involve aconstitutional question or the application of the Human Rights Code;
(e)the tribunal is satisfied that it has been established, onthe basis of satisfactory evidence, that the claim or the dispute is beyond thejurisdiction of the tribunal.
(2)The tribunal may exercise authority under this section
(a)at the time of considering a request for tribunalresolution, or
(b)in the case of a request that has been accepted, at anytime before the tribunal makes the final decision resolving the dispute.
(3)If the tribunal refuses to resolve a dispute under thissection, it must notify the person making the request or the parties, asapplicable, of the refusal and the reason for the refusal.
(4)If the tribunal refuses to resolve a dispute under thissection after the tribunal proceeding respecting the dispute has started,section 15 [restrictions in relation to court and other proceedings —when tribunal proceeding starts] no longer applies in relation to theclaims that were to be resolved by the tribunal proceeding.
Repealed
12  [Repealed 2015-16-8.]
Repealed
12.1  [Repealed 2018-17-11.]
Not in force
12.2  [Not in force.]
Repealed
12.3  [Repealed 2018-17-11.]


 楼主| 发表于 5/7/2019 16:00:52 | 显示全部楼层
Division2 — Limitation Period
Limitation period
13  The Limitation Act applies to a claim, and, forthat purpose,
(a)a reference to a claim in that Act is deemed to include aclaim under this Act, and
(b)a reference to a court proceeding in that Act is deemed toinclude a tribunal proceeding.
Limitation period does not run after request for tribunalresolution
13.1  The basic limitation periodand the ultimate limitation period under the Limitation Act that are applicable to a claimdo not run after a request is made under section 4 [asking the tribunalto resolve a claim] of this Act for the tribunal to resolve the claim.
Time limit — certain claims brought or continued in court
13.2  Unless the court ordersotherwise, a party may not bring or continue a claim in a court, which claimmay be brought or continued under section 16.4 (1) [bringing orcontinuing claim in court], more than 28 days after whichever of thefollowing dates is applicable:
(a)the date on which the party receives notice of thetribunal's decision
(i)not to give an initiating notice under section 6 [initiatingnotice],
(ii)refusing to resolve the claim under
(A)section 10 [claims to be resolved must be withintribunal authority], or
(B)section 11 [general authority for tribunal torefuse to resolve claim or dispute], or
(iii)declining jurisdiction in respect of the claim undersection 114 [limited jurisdiction and discretion to decline jurisdictionto apply the Human Rights Code];
(b)the date of a court order under section 16.2 [courtmay order that tribunal not adjudicate claim] that the tribunal notadjudicate the claim;
(c)the date on which the tribunal certifies, under section56.2 (1) [tribunal must certify parties have completed, that the parties have completed the tribunal's process in respectof a tribunal small claim, if a party has made a notice of objection undersection 56.1 (1) [notice of objection renders decisionnon-binding].
Time limit — court determination about matters withinjurisdiction of tribunal
13.3  Unless the tribunal orthe court orders otherwise, a party may not make a request under section4 [asking the tribunal to resolve a claim] asking the tribunalto resolve a claim more than 28 days after the date of a court order undersection 16.1 [court must stay or dismiss certain proceedings] stayingor dismissing, as applicable, a court proceeding under that section.
Time limit — suspension during certain court processes
13.4  A time limit of 28 daysestablished under section 13.2 or 13.3 does not run during the followingperiods:
(a)from the date a party requests judicial review of adecision of the tribunal until the date of the decision by the court;
(b)from the date a party files a notice of appeal of a courtorder that relates to the claim until the date of the decision by the court.
Repealed
14  [Repealed 2018-17-13.]

 楼主| 发表于 5/7/2019 17:03:32 | 显示全部楼层
Division3 — Relationship with Other Proceedings
Not in force
14.1   (1)[Repealed2018-17-13.]
(2)[Not in force.]
Restrictions in relation to court and other proceedings —when tribunal proceeding starts
15   (1)Subjectto this Division, once a tribunal proceeding is started,
(a)a party to the tribunal proceeding may not commence,against another party to the tribunal proceeding, a court proceeding or otherlegally binding process in relation to an issue or claim that is to be resolvedin the tribunal proceeding, and
(b)if a party has already commenced a process referred to inparagraph (a) against another party to the tribunal proceeding, the partiesmust adjourn or suspend the process while the tribunal proceeding iscontinuing.
(2)For certainty, except as otherwise provided in thisDivision, nothing in this section operates to prevent a person from commencingor continuing a legally binding process in respect of a claim until a tribunalproceeding respecting the claim is started.
Repealed
16  [Repealed 2015-16-13.]
Court must stay or dismiss certain proceedings
16.1   (1)Subjectto subsection (2) and section 16.4 (1) and (2) [bringing or continuingclaim in court], if, in a court proceeding, the court determines that allmatters are within the jurisdiction of the tribunal, the court must,
(a)in the case of a claim within the exclusive jurisdictionof the tribunal, dismiss the proceeding,
(b)in the case of a claim in respect of which the tribunal isto be considered to have specialized expertise, dismiss the proceeding unlessit is not in the interests of justice and fairness for the tribunal toadjudicate the claim, or
(c)in any other case, stay or dismiss the proceeding, as thecourt considers appropriate, unless it is not in the interests of justice andfairness for the tribunal to adjudicate the claim.
(2)Subject to section 16.4 (1) and (2), if, in a courtproceeding, a party alleges that a matter in a proceeding before the courtrelates to a minor injury within the jurisdiction of the tribunal under section133 (1) (b) or (c) [claims within jurisdiction oftribunal for accident claims], the court must stay the proceeding until thetribunal determines, as applicable,
(a)in the case of an accident claim under section133 (1) (b), whether an injury is a minor injury, and
(b)in the case of an accident claim under section133 (1) (c), unless it is not in the interests of justice andfairness for the tribunal to make the determination, whether a party hasestablished that there is a substantial likelihood that damages will exceed thetribunal limit amount.
(3)For the purposes of subsection (2), "minorinjury" and "tribunal limit amount" havethe same meaning as in section 132 [definitions for Division — accidentclaims].
Court may order that tribunal not adjudicate claim
16.2   (1)Subjectto subsection (2), the court may order that the tribunal not adjudicate a claimthat is or purports to be in one of the claim categories if
(a)the tribunal does not have jurisdiction to adjudicate theclaim, or
(b)it is not in the interests of justice and fairness for thetribunal to adjudicate the claim.
(2)Subsection (1) (b) does not apply if the tribunal hasexclusive jurisdiction in respect of the claim.
Considerations in the interest of justice and fairness
16.3   (1)Forthe purposes of sections 16.1 (1) and 16.2 (1), when deciding whether it is inthe interests of justice and fairness for the tribunal to adjudicate a claim,the court may consider the following:
(a)whether an issue raised by the claim or dispute is of suchimportance that the claim or dispute would benefit from being adjudicated bythat court to establish a precedent;
(b)whether an issue raised by the claim or dispute relates toa constitutional question or the Human Rights Code;
(c)whether an issue raised by the claim or dispute issufficiently complex to benefit from being adjudicated by that court;
(d)whether all of the parties to the claim or dispute agreethat the claim or dispute should not be adjudicated by the tribunal;
(e)whether the claim or dispute should be heard together witha claim or dispute currently before that court;
(f)whether the use of electronic communication tools in theadjudication process of the tribunal would be unfair to a party in a way thatcannot be accommodated by the tribunal.
(2)For the purposes of section 16.1 (2), when decidingwhether it is in the interests of justice and fairness for the tribunal to makethe determination referred to in that subsection, the court may consider theprinciple of proportionality.
Bringing or continuing claim in court
16.4   (1)Subjectto this section and Division 5 [Objection to Tribunal Small ClaimDecision] of Part 5 [Tribunal Resolution], a person maynot bring or continue, as the case may be, a claim that is within the jurisdictionof the tribunal as a claim in a court unless one or more of the followingapply:
(a)the tribunal decides not to give an initiating noticeunder section 6 [initiating notice];
(b)the tribunal refuses to resolve the claim under
(i)section 10 [claims to be resolved must be withintribunal authority], or
(ii)section 11 [general authority for tribunal torefuse to resolve claim or dispute];
(c)the court orders under section 16.2 that the tribunal notadjudicate the claim;
(c.1)the tribunal has made a final decision in relation to atribunal small claim and a party has made a notice of objection under section56.1 (1) [notice of objection renders decision non-binding];
(d)the tribunal declines jurisdiction in respect of the claimunder section 114 [limited jurisdiction and discretion to declinejurisdiction to apply the Human Rights Code];
(e)the claim is a counterclaim to a notice of claim or anotice of civil claim, as applicable, filed in the court;
(f)the person is in a class of persons prescribed byregulation.
(2)A person may bring or continue, as the case may be, thefollowing claims as an action in the Supreme Court, even if none of thecircumstances referred to in subsection (1) (a) to (f) have occurred:
(a)a tribunal small claim;
(b)an accident claim described in section 133 (1) (c) [claimswithin jurisdiction of tribunal for accident claims], if all partiesconsent.
(3)If, in respect of a claim that is otherwise within thejurisdiction of the tribunal, the tribunal
(a)decides not to give an initiating notice solely for thereason that the requirement in section 6 (1) (b) has not been met, or
(b)refuses to resolve the claim solely for the reasondescribed in section 11 (1) (b),
a party mustseek judicial review of the decision before the party may file notice of thesame claim in court.

 楼主| 发表于 5/7/2019 17:12:47 | 显示全部楼层
Part 3 —Tribunal Proceedings Generally
Tribunal proceeding processes
17   (1)Atribunal proceeding has two phases,
(a)the case management phase, and
(b)the tribunal hearing phase.
(2)In the case management phase, resolution by agreementbetween the parties is facilitated and preparations are made for the tribunalhearing should one be required.
(3)In the tribunal hearing phase, the dispute is heard andthe tribunal gives a final decision to resolve the dispute if it is notresolved in the case management phase.
Nature of tribunal proceeding
18  A tribunal proceeding isto be conducted with as little formality and technicality and with as muchspeed as permitted by the requirements of this Act, the rules and a properconsideration of the issues in the dispute.
Use of electronic communication tools
19  The tribunal may useelectronic communication tools in conducting all or part of a tribunalproceeding, and may require or authorize parties or other persons to useelectronic communication tools provided by the tribunal in relation to tribunalproceedings or other dispute resolution services provided by the tribunal.
General rule that parties to represent themselves
20   (1)Unlessotherwise provided under this Act, the parties are to represent themselves in atribunal proceeding.
(2)A party may be represented by a lawyer or anotherindividual with authority to bind the party in relation to the dispute if
(a)the party is a child or a person with impaired capacity,
(b)the rules permit the party to be represented, or
(c)the tribunal, in the interests of justice and fairness,permits the party to be represented.
(3)Without limiting the authority of the tribunal undersubsection (2) (c), the tribunal may consider the following as circumstancessupporting giving the permission:
(a)another party is represented in the proceeding;
(b)the other parties have agreed to the representation.
(4)A person representing a party in a tribunal proceedingmust be a lawyer unless
(a)the rules otherwise permit, or
(b)the tribunal is satisfied that the person being proposedto represent the party is an appropriate person to do this.
(5)In the case of a party that is a corporation, partnershipor other form of organization or office with capacity to be a party to a courtproceeding, the person acting for the party in the tribunal proceeding must be
(a)a director, officer or partner of the party,
(b)an individual permitted under the rules, or
(c)an individual permitted by the tribunal.
Lawyer representation in respect of accident claims
20.1  Without limiting section20, a party may, as of right, be represented by a lawyer in a tribunalproceeding in respect of an accident claim.
Repealed
21  [Repealed 2015-16-13.]
Parties may request consent dismissal order
22   (1)Onrequest of all parties to a dispute, made
(a)at any time during the case management phase, or
(b)at any time during the tribunal hearing phase before thetribunal gives its final decision in the dispute,
the tribunalmay make an order dismissing some or all claims in the dispute.
(2)A dismissal order under subsection (1) is a final decisionof the tribunal resolving the specified claims.

 楼主| 发表于 5/7/2019 17:34:08 | 显示全部楼层
Part 4 —Case Management Phase
Division 1 — Case Manager Responsibilities
Case manager role
23   (1)Therole of a case manager is to assist in the resolution of disputes, including by
(a)assisting the parties in reaching resolution by agreementthrough facilitated settlement as provided in the rules,
(b)reviewing the claims in a dispute and assisting theparties in identifying the facts relevant to resolving the dispute and theissues to be decided,
(c)so far as is practicable, determining the evidence orother information that will assist in resolving a dispute, and
(d)making a recommendation to the tribunal as to the processto be used in hearing the dispute, if the tribunal has jurisdiction to do so.
(2)In the case management phase, facilitated settlement andpreparations for a tribunal hearing may be conducted at the same time.
Case managers assigned to dispute
24   (1)Thecase manager for a dispute may be a tribunal member or other tribunal officeras assigned in accordance with section 80 [assignment of case managersand tribunal panels].
(2)For certainty, more than one tribunal officer may act ascase manager in relation to the same dispute.
Division 2 — Facilitated Settlement
Dispute resolution services that may be used
25   (1)Acase manager has authority
(a)to determine, in accordance with the rules, whichfacilitated settlement service is to be used in the case management phase for aparticular dispute, and
(b)to require the parties to participate in facilitatedsettlement services.
(2)Facilitated settlement may be conducted in person, inwriting, by telephone, video conferencing or email, or through use of otherelectronic communication tools, or by any combination of those means.
Consent resolution orders if parties resolve issues or claimsby agreement
26   (1)If,in the case management phase, the parties to a dispute reach a resolution byagreement on any or all of the issues or claims in the dispute, they may askthe case manager to prepare a draft consent resolution order respecting theissues or claims.
(2)If the case manager prepares a draft consent resolutionorder and the parties agree to the draft order, the order is to be presented tothe tribunal for approval as an order of the tribunal.
(3)If the tribunal declines to approve a draft consentresolution order, it must provide the parties with reasons for doing this.
(4)If the tribunal approves the draft consent resolutionorder, that order becomes a final decision of the tribunal resolving thespecified issues or claims.
Case manager may provide neutral evaluation of dispute
27   (1)Subjectto the rules, the case manager may provide to the parties either or both of
(a)a non-binding neutral evaluation of the claims in thedispute, and
(b)the case manager's views on how the court or tribunalwould likely resolve the dispute if it proceeded to a court or tribunalhearing.
(2)Subject to sections 28 [case manager may makerecommendation for resolution if parties consent] and 29 [casemanager may act as tribunal if parties consent], neither the parties to adispute nor the case manager may disclose to the court or tribunal any evaluationor views provided under subsection (1).
Case manager may make recommendation for resolution ifparties consent
28   (1)Ifthe parties to a dispute consent, the case manager may make a recommendation tothe tribunal as to the final decision resolving the dispute.
(2)A recommendation may be in the form of a draft finaldecision, or a draft final decision and draft order giving effect to the finaldecision, for consideration by the tribunal.
(3)In hearing the dispute, the tribunal must consider, but isnot required to follow, a recommendation made under this section.
Case manager may act as tribunal in providing directresolution if parties agree
29   (1)Ifthe case manager for a dispute is a tribunal member, the case manager may,during the case management phase, offer to act as the tribunal in accordancewith this section.
(2)If the parties agree to this direct resolution of any orall of the issues or claims in the dispute, the case manager may
(a)act as the tribunal panel in resolving those issues orclaims without assignment under section 80 [assignment of case managersand tribunal panel], and
(b)proceed to resolve the issues or claims under Division2 [Final Decision Resolving Dispute] of Part 5 [TribunalResolution], but on the basis of the information received by the casemanager and without any further case management or hearing.
Unresolved claims in dispute proceed to tribunal hearing
30  If a claim has not beenresolved during the case management phase, the claim is to proceed to resolutionby tribunal hearing.

 楼主| 发表于 5/8/2019 00:14:28 | 显示全部楼层
本帖最后由 郭国汀 于 5/8/2019 16:33 编辑

Division3 — Preparation for Tribunal Hearing
Addition of appropriate parties
31   (1)Ifthe case manager considers that one or more other persons should properly beparties to a dispute, the case manager may provide the current parties with anopportunity to have those other persons added as parties in accordance with therules and with any directions by the case manager.
(2) and (3)[Repealed 2015-16-20.]
Preparation of case and evidence
32   (1)Forthe purposes of preparing the dispute for resolution by the tribunal, the casemanager may direct any or all parties to do the following:
(a)provide information respecting
(i)the issues in the dispute,
(ii)the position of the parties in relation to those issues,and
(iii)the resolution that is being requested;
(b)provide evidence respecting a matter that is relevant toan issue in the dispute, including requiring the evidence to be provided onoath or affirmation or in a manner authorized under the rules;
(c)produce a record or other thing in the party's possessionor control that is relevant to an issue in the dispute;
(d)prepare an agreed statement of facts;
(e)arrange for the preparation of expert evidence, including
(i)by requiring the parties to do this jointly,
(ii)by limiting the number of experts a party may call, or
(iii)by limiting the giving of expert evidence in respect ofone or more issues in a claim to an expert appointed by the tribunal.
(2)The tribunal may make an order requiring compliance with adirection under this section.
Party may prepare summons to require other persons to provideevidence
33   (1)Aparty to a dispute may prepare and serve a summons, in a form authorized by therules, requiring a person
(a)to provide evidence that is relevant to an issue in thedispute, on oath or affirmation or in a manner authorized under the rules, byattending or participating in the tribunal hearing or by providing the evidencefor use in the tribunal hearing, or
(b)to produce, for the tribunal, the summoning party or anotherparty, a record or other thing that is relevant to an issue in the dispute andis in the person's possession or control.
(2)The authority under subsection (1) may not be exercised inrelation to evidence that is inadmissible under section 42 (2) [restrictionon admitting privileged evidence].
(3)Subject to an order under section 34 (1) (f) [tribunalmay require persons to provide evidence — allocation of expenses], theparty that served a summons under this section is responsible for the expensesand witness fees that are payable in relation to the summons.
(4)A summons under this section may be cancelled by thetribunal in accordance with the rules.
Tribunal may require persons to provide evidence
34   (1)Thetribunal may, at any time during the case management phase or tribunal hearingphase for a dispute, make orders as follows:
(a)requiring a party to prepare and serve a summons undersection 33 [party may prepare summons to require other persons to;
(b)requiring a person to comply with a summons served by aparty under section 33;
(c)requiring a person to provide evidence that is relevant toan issue in the dispute, including by requiring evidence to be provided on oathor affirmation or in a manner authorized under the rules;
(d)requiring a person to produce a record or other thing thatis relevant to an issue in the dispute and is in the person's possession orcontrol;
(e)in the case of an order directed at an organization,requiring any directors or officers of the organization to cause theorganization to comply with the order;
(f)making a party responsible for, or allocating between theparties responsibility for, the expenses and witness fees that are payable inrelation to an order under paragraph (c) or (d) or a summons undersection 33.
(2)The authority under subsection (1) may not be exercised inrelation to evidence that is inadmissible under section 42 (2) [restrictionon admitting privileged evidence].
Division 4 — Referral of Matters to Tribunal
Referral to tribunal if claim has no reasonable likelihood ofsuccess
35   (1)Atany time in the case management phase, if the case manager considers that aclaim in a dispute has no reasonable likelihood of success or gives rise to anabuse of process, the case manager may,
(a)if the case manager is a tribunal member, exercisetribunal authority under this section without assignment under section 80 [assignmentof case managers and tribunal panels], and
(b)in any case, refer the claim to the tribunal.
(2)If a claim is to be dealt with under this section, thetribunal must review the claim in accordance with the rules and may, followingthe review,
(a)make an order dismissing the claim if the tribunalconsiders that the claim is frivolous, vexatious or an abuse of process, or
(b)direct that the claim is to continue to be dealt with bythe tribunal proceeding.
(3)The tribunal must give reasons for dismissing a claimunder subsection (2) (a).
(4)If the reasons provided under subsection (3) are notformal written reasons, the party whose claim has been dismissed may requestthat the tribunal provide formal written reasons for the decision, in whichcase the tribunal must provide those reasons within the time period establishedby the rules.
(5)A dismissal order under subsection (2) (a) may include arequirement for payment, as described in section 49 [order for paymentof expenses], by the party who made the claim that is being dismissed.
Referral to tribunal for non-compliance
36   (1)Thissection applies if a party to a dispute fails to comply with any of thefollowing:
(a)this Act or the regulations;
(b)the rules in relation to the case management phase for thedispute, including any time limits specified for taking actions;
(c)an order of the tribunal made during the case managementphase.
(2)The case manager may, after giving notice to thenon-compliant party, refer the dispute to the tribunal for resolution.
(3)If a dispute is referred to the tribunal under thissection, the tribunal may
(a)proceed to hear the dispute in accordance with anyapplicable rules,
(b)make an order dismissing a claim in the dispute that ismade by the non-compliant party, or
(c)refuse to resolve a claim of the non-compliant party orrefuse to resolve the dispute.
(4)If the tribunal makes a dismissal order under subsection(3) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, asdescribed in section 49 [order for payment of expenses], bythe party referred to in subsection (1).
(5)If the reasons provided under subsection (4) (a) are notformal written reasons, the party whose claim was dismissed may request thatthe tribunal provide formal written reasons for the decision, in which case thetribunal must provide those reasons within the time period established by therules.
(6)If the tribunal refuses under subsection (3) (c) toresolve a claim or the dispute,
(a)section 15 [restrictions in relation to court andother proceedings — when tribunal proceeding starts] ceases to applyin relation to the claim or dispute, as applicable,
(b)any further request for tribunal resolution in relation toa claim that was refused may be made only with leave of the tribunal, and
(c)[Repealed 2015-16-22.]
(d)the tribunal must certify that case management of all of theclaims in the dispute is completed.
Cancellation of final decision or dismissal order undersection 36
37   (1)If,under section 36 [referral to tribunal for non-compliance], thetribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of the non-compliantparty,
that partymay request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordancewith the rules and with payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, order thatthe final decision or dismissal order is cancelled if satisfied that thecircumstances established by the rules apply, in which case the dispute is tobe resolved by continuing the tribunal proceeding.
(4)If a final decision is cancelled under this section, theorder giving effect to the final decision is cancelled.
Part 5 —Tribunal Resolution
Division 1 — Tribunal Hearings
General tribunal authority in conducting hearings
38  The procedure for a tribunal hearing in relation to a dispute is at the discretion of the tribunal,subject to this Act and the rules.
How tribunal hearings are conducted
39   (1)In resolving a dispute, the tribunal may conduct a hearing in writing, by telephone, video conferencing or email, or through use of other electronic communication tools, or by any combination of those means.
(2)It is not necessary for the means of communication referred to in subsection (1) to allow all parties to the dispute to take part at the same time.
(3)The tribunal may hold an in-person hearing if the tribunal considers that the nature of the dispute or that extraordinary circumstance make an in-person hearing necessary in the interests of justice.
(4)Subject to an order under subsection (5), an in-person hearing must be open to the public.
(5)The tribunal may, by order,
(a)impose restrictions on a person's continued participation in or attendance at a tribunal hearing, and
(b)exclude a person from further participation in or attendance at a tribunal hearing until the tribunal orders otherwise.
Notice of hearing
40  The tribunal must give notice to the parties as to the following:
(a)when the tribunal hearing is to be started;
(b)the means by which it is to be conducted;
(c)if applicable, where the hearing is to be conducted;
(d)if applicable, the times by which steps in the hearing are to be completed and by whom;
(e)any other information required to be provided under the rules.
Consent resolution orders if parties resolve issues or claims by agreement
41   (1)If,in the tribunal hearing phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the tribunal to approve a consent resolution order respecting the issues or claims.
(2)If the tribunal approves the consent resolution order, that order is a final decision of the tribunal resolving the specified issues or claims.
Evidence in the tribunal hearing
42   (1)In conducting a hearing, the tribunal may do any or all of the following:
(a)receive, and accept as evidence, information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law;
(b)ask questions of the parties and witnesses;
(c)inform itself in any other way it considers appropriate.
(2)The tribunal is not bound by the rules of evidence, but may not admit evidence that is inadmissible in a court because of a privilege under the law of evidence or otherwise.
(3)Unless otherwise required under the rules or by the tribunal, evidence to be provided in a tribunal hearing may be provided the electronic form.
(4)Nothing in this section overrides the provisions of this or any other Act that expressly limit the extent to which or purposes for which any oral testimony, information, records or things may be admitted or used in evidence.
Repealed
43  [Repealed 2015-16-23.]
Recording tribunal proceedings
44   (1)The tribunal may make electronic or other recordings of its proceedings or transcribe its proceedings.
(2)The tribunal's recording or transcription of a proceeding must be considered to be correct and to constitute part of the record of the proceeding.
(3)If, by a mechanical or human failure or other accident, the recording or transcription of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is not affected.
Referral back to case management phase
45  The tribunal may direct that a dispute be referred back to the case management phase if, in the course of a tribunal hearing,
(a)the tribunal considers that one or more persons should properly be parties to the dispute, or
(b)other circumstances established by the rules apply.

 楼主| 发表于 5/8/2019 16:46:42 | 显示全部楼层
Division2 — Final Decision Resolving Dispute
Tribunal must give final decision following hearing
46   (1)Followinga tribunal hearing, the tribunal must, within the applicable time period, ifany, established by the rules,
(a)give its final decision in resolving the claims in thedispute,
(b)give reasons for the decision, and
(c)subject to this Act and the rules, make any order thetribunal considers is required to give effect to the decision.
(2)If an order giving effect to a final decision is givenorally, a written record of the order must be given to the parties within thetime period established by the rules.
(3)If the reasons provided under subsection (1) (b) are notformal written reasons, a party to the dispute may request that the tribunalprovide formal written reasons for the decision, in which case the tribunalmust provide those reasons within the time period established by the rules.
(4)The chair may extend a time period that is otherwiseapplicable under this section.
Notice of final decision
47  The tribunal must, withinthe applicable time period referred to in section 46 (1) [tribunal mustgive final decision following hearing],
(a)if the final decision is not given orally, give notice ofthe final decision to all parties to the dispute, and
(b)in all cases, provide the parties with access to, or acopy of, the final decision and any order giving effect to the final decision.
Order giving effect to final decision
48   (1)Thetribunal may make an order giving effect to a final decision on terms andconditions the tribunal considers appropriate.
(2)If an order referred to in subsection (1) includes anorder for the payment of money, the order must set out the principal amountpayable.
(3)The Court Order Interest Act applies to the tribunal as ifit were a court.
(4)The tribunal may make an order varying the terms andconditions of an order giving effect to a final decision, but may not vary thefinal decision.
(5)In the case of a final decision in a tribunal small claim,the tribunal may not make an order under this section unless both of thefollowing apply:
(a)the time for making a notice of objection under section56.1 (2) [notice of objection no later than 28 days after partyreceives decision] has expired;
(b)no notice of objection has been made.
Repealed
48.1  [Repealed 2018-17-20.]
Order for payment of expenses
49   (1)Anorder under section 48 [order giving effect to final decision] mayinclude a requirement for one party to pay to another party to the dispute someor all of
(a)the fees paid under this Act by the other party inrelation to the dispute, and
(b)any other reasonable expenses and charges that thetribunal considers directly relate to the conduct of the proceeding.
(2)For certainty, expenses and charges referred to insubsection (1) (b) include amounts payable under
(a)section 33 (3) [party may prepare summons torequire other persons to provide evidence], or
(b)section 34 (1) (f) [tribunal may require personsto provide evidence — allocation of expenses].
(3)A requirement included in an order under subsection (1)may be subject to limits or restrictions prescribed by regulation, which may bedifferent for different classes of claim categories, disputes, claims, issuesand circumstances, as established by the regulations.
When final decision is effective
50  Unless otherwisespecified by the tribunal, a final decision under section 46 [finaldecision following hearing] is effective,
(a)in the case of a final decision given orally, when it isgiven, and
(b)in the case of a final decision given other than orally,on the date that notice is given under section 47 [notice of finaldecision].
Amendment of final decision or order to clarify
51   (1)Subjectto the rules, the tribunal may amend
(a)a final decision under section 46 [final decisionfollowing hearing], or
(b)an order giving effect to a final decision
for thepurpose of clarifying the decision or order.
(2)The tribunal may not amend a final decision or orderreferred to in subsection (1) other than as provided under this section,section 48 (4) [order giving effect to final decision — authority tovary terms and conditions] or section 64 [authority to correctdecisions and orders].
(3)This section must not be construed as limiting thetribunal's ability, on request of a party, to reopen a tribunal proceeding inorder to cure a jurisdictional defect.
Division 3 — Tribunal Authority If Party Does NotParticipate
Tribunal may hear or dismiss claims or dispute if party doesnot participate
52   (1)Ifa party does not attend or otherwise participate in a tribunal hearing at atime set for the hearing, the tribunal may
(a)proceed to hear and resolve the dispute in accordance withany applicable rules, or
(b)make an order dismissing a claim in the dispute that ismade by the non-participating party.
(2)If the tribunal makes a dismissal order under subsection(1) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, asdescribed in section 49 [order for payment of expenses], bythe non-participating party referred to in subsection (1) of this section.
(3)If the reasons provided under subsection (2) (a) are notformal written reasons, the party whose claim was dismissed may request thatthe tribunal provide formal written reasons for the decision, in which case thetribunal must provide those reasons within the time period established by therules.
Cancellation of final decision or dismissal order made inabsence of party
53   (1)If,under section 52 [tribunal may hear or dismiss claims or dispute ifparty does not participate], the tribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of thenon-participating party,
that partymay request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordancewith the rules and with payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, cancel thefinal decision or dismissal order if satisfied that the circumstancesestablished by the rules apply, in which case the dispute is to be resolved bycontinuing the tribunal proceeding.
(4)If a final decision is cancelled, the order giving effectto the final decision is cancelled.

 楼主| 发表于 5/8/2019 19:03:29 | 显示全部楼层
Division4
Repealed
54-56  [Repealed 2015-16-26.]
Division 5 — Objection to Tribunal Small ClaimDecision
Notice of objection renders decision non-binding
56.1   (1)Aparty that is given notice of a final decision in relation to a tribunal smallclaim may make a notice of objection.
(2)A party may not make a notice of objection later than 28days after the party receives notice of the final decision.
(2.1)Subject to subsection (2), a party may not make a noticeof objection if the party has defaulted in the tribunal unless the default isset aside by the tribunal.
(3)If a party makes a notice of objection under this section,the final decision is not binding on any party.
(4)Despite section 58.1 [enforcement of small claimsdecisions], if a party makes a notice of objection under this section, afinal decision of the tribunal is not enforceable.
Tribunal must certify parties have completed tribunal process
56.2   (1)Ifa party makes a notice of objection in accordance with the rules, the tribunalmust certify that the parties have completed the tribunal's process.
(2)A certificate under subsection (1) is conclusive evidencethat the parties may bring a tribunal small claim as a claim in the ProvincialCourt.
Deposit for claims previously adjudicated by civil resolutiontribunal
56.3   (1)Ifthe civil resolution tribunal has adjudicated a claim, or made an order forpayment of case management expenses, and a person has filed a notice ofobjection under this Part, the Provincial Court may order that the person makea deposit as a condition of making or defending the claim.
(2)The amount a person is required to deposit must not exceedthe total of the following:
(a)an amount prescribed by regulation that is less than orequal to the amount awarded by the civil resolution tribunal against theperson;
(b)an amount prescribed by regulation as security for thecosts of the other parties.
(3)The Provincial Court may order that a deposit under thissection be paid in instalments.
(4)[Repealed 2018-17-23.]
Disclosing the final decision of the tribunal
56.4  If a claim to which thisDivision applies is brought to the Provincial Court, the parties may disclosethe final decision of the tribunal
(a)to a settlement conference judge,
(b)for the purposes of section 56.3 [deposit forclaims previously adjudicated by civil resolution tribunal], and
(c)to the trial judge, but only after that judge has given afinal decision on the amount to be awarded and only for the purposes ofassessing penalties.
Division 6
Repealed
56.5  [Repealed 2018-17-24.]
Part 5.1— Judicial Review of Tribunal Decisions
Time limit for application for judicial review of tribunaldecisions
56.6  Section 57 [timelimit for judicial review] of the Administrative Tribunals Act applies to an application forjudicial review of a decision of the tribunal under this Act.
Standard of review
56.7   (1)Thetribunal must be considered to be an expert tribunal, and section 58 (2)and (3) [standard of review with privative clause] ofthe Administrative Tribunals Actapplies, in relation to anapplication for judicial review of a final decision of the tribunal in
(a)a claim within the exclusive jurisdiction of the tribunal,or
(b)a claim in respect of which the tribunal is to beconsidered to have specialized expertise.
(2)Subsection (1) does not apply to an application forjudicial review of a final decision of the tribunal that relates to liabilityin an accident claim described in section 133 (1) (c) [claimswithin jurisdiction of tribunal for accident claims] of this Act.
(3)Section 59 [standard of review without privativeclause] of the Administrative Tribunals Act applies to an application forjudicial review of a final decision of the tribunal in a claim other than aclaim to which subsection (1) of this section applies.

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