Shannon Salter, Chair VISOA AGM Presentation, February 28, 2016 - PowerPoint PPT Presentation

Shannon Salter, Chair VISOA AGM Presentation, February 28, 2016

Introduction to the CRT • What is the CRT? • How will it work? • What about people with barriers? • Discussion 2

Small Claims Jurisdiction Small claims disputes up to $25,000, including: • debt or damages; • recovery of personal property; • personal injury; or • specific performance of agreements The tribunal will not decide matters that affect land 3

Strata Jurisdiction CRT will decide strata property disputes such as: • fees and fines • unfair actions by the strata council or majority of owners • interpreting and enforcing: • strata bylaws • legislation • regulations • problems with meetings, voting, and proxies • issues with repairs or common property 4

Strata: Key Points & Examples • i.e. payment of a $50,000 special levy or No $ Limit insurance deductible • Are they enforced properly and fairly? Bylaws & Rules • Consistent with legislation? • i.e. election signage Start claim without • Strata council can start CRT claim on ¾ vote own motion • Orders to do or stop doing something Injunctive-type relief • i.e. hardship, pay fines/fees, comply with bylaws, convene meetings 5

CRT Amendments Civil Resolution CRT Amendment Act , Tribunal Act , passed in 2015 passed in 2012 • Voluntary • After first year, jurisdiction: mandatory for: • most strata • strata claims disputes • small claims • small claims <$10,000 matters 6

Why the CRT? Access Time Cost Proportion • Rural parties • ~ 8-12 months • Travel • Generic (small claims) processes • Complexity • Legal fees • Delays & • Limited ADR • Limited • Court costs backlogs support (strata ) • Few cases go to trial 7

To summarize… Citizen dissatisfaction Win/lose outcome Access to justice barriers 8

Put the public FIRST Whose justice system is it? Design for Power of lived lives Precedent Principle v. Process 9

Guiding Principles Accessible • 24/7 Affordable • Anywhere Flexible • Legal • Staged fees information and • Range of ADR • Usually no support options travel/legal • Continuous costs improvement • Fee exemptions Efficient Timely • Active case CRT • Focus on early management resolution • Tailored timelines • 60 day process and processes • Avoid duplication 13

How will it work? Dispute volumes Solution Case Explorer: Management: Party to party Adjudication information, facilitated ADR & negotiation diagnosis, hearing self-help preparation 14

How will it work? • Responsive design • Asynchronous interactions • Online, mail or phone (no one left behind) • Telephone support 15

Solution Explorer • Free public information, available 24/7 • Guided pathways • Interactive question and answers • Tools, templates, resources • Resolution or preparation for CRT process • Beta launching this spring 16

Negotiation • Connects parties to encourage negotiated settlement • Zero to nominal cost • Low intervention • Negotiation resources • Opportunity to avoid spending more time/money on dispute 25

Facilitation • Dispute resolution professional helps reach a consensual agreement • Very flexible processes: • Asynchronous or synchronous • Resolve some or all of disputes • Can decide dispute with consent 26

Facilitation • Quick order from tribunal member If agreement • Enforceable in court • Adjudication support If no agreement • Help narrow issues, organize claims • Avoids duplication and Enhances access delays to justice 27

Adjudication • Mostly part-time tribunal members • Lawyers with subject expertise • Located all over province • Primarily written hearings • Some telephone/video hearings • Brief written reasons • Decisions enforceable as court orders • Decisions can be appealed : • Small claims: Prov. Court - new trial • Strata: BC Supreme Court - appeal 28

How can we remove barriers? Language • Telephone interpretation • Multi-lingual guides and resources • Flexible tribunal procedures Technology • Telephone support • Paper or telephone-based service • Working with PovNet on focus groups and helper tools Disability • Web accessibility best practices • Welcoming and supporting helpers • Case managers/facilitators to support the parties 29

Continuous Improvement Ask for feedback/ advice LISTEN Improve Incorporate feedback 30

Where are we now? Winter 2015 Spring/Summer Winter 2016 2015 • Design concept • SE beta launches CRT • Tech partner • CRT members • DRS build – selected intake • Rules & Launch! • Registrar hired templates • User testing • Technology build • Website • Vancouver continues facilities open 31

What will the future look like? • access to justice CRT is pioneering new civil justice • flexibility & model public choice • continuous improvement Applied to other administrative • tailored to tribunals each tribunal 32

More information Email: info@crtbc.ca Twitter: @shannonnsalter www.civilresolutionbc.ca 33