Enforcing a Civil Resolution Tribunal Order by a Strata

IS A CIVIL RESOLUTION TRIBUNAL ORDER ENFORCED BY THE TRIBUNAL?

When the Civil Resolution Tribunal (“CRT”) makes an order requiring an owner to pay money, the Strata might assume that the payment will automatically follow. Ideally, a debtor voluntarily pays the ordered amount. However, if they do not, a CRT order is not immediately enforceable on its own and it must be enforced through either the Provincial Court of British Columbia or the British Columbia Supreme Court.

HOW IS A CIVIL RESOLUTION TRIBUNAL ORDER REGISTERED WITH THE PROVINCIAL COURT?

A common first step in enforcing a CRT order is to file a validated copy of the order with the Small Claims Registry of the Provincial Court. Once filed, the CRT order has the same force and effect as a Provincial Court judgment, allowing the Strata to begin enforcement proceedings.

The order may be filed:

• In person at the courthouse.

• By fax.

• Electronically through Court Services Online.

There is a filing fee for registration.

Once filed, the court will provide a filed copy of the judgment.

In many cases, collection is straightforward once the order is properly registered and the debtor understands that the debt can ultimately be enforced against their Strata Lot.

HOW IS A CIVIL RESOLUTION TRIBUNAL ORDER REGISTERED ON THE TITLE TO A STRATA LOT?

To register the judgment on the title of a Strata Lot, a lawyer, notary public, or registry agent submits the required documents to the Land Title Office.

Once registered, the judgment remains on title for two years unless renewed. The underlying judgment itself remains enforceable for ten years.

A CIVIL RESOLUTION TRIBUNAL ORDER CANNOT BE ENFORCED BY THE TRIBUNAL AND THE COURT MUST BE USED TO ENFORCE IT

A CRT order has weight because it can ultimately be enforced like a court judgment. When the order itself is insufficient to convince the debtor to pay, registering the judgment against the debtor’s Strata Lot can place significant pressure on them to resolve the debt, and is often enough to secure payment without further enforcement steps.