Sproule v. Schafer, 2018 BCPC 279

Citation: Sproule v. Schafer 2018 BCPC 279 Date: 20181029 File No: 7119 Registry: Colwood IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: JIM SPROULE CLAIMANT AND: ROSAMUND SCHAFER DEFENDANT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE GOUGE Appearing in person: Mr. Sproule Appearing in person: Ms. Schafer Place of Hearing: Colwood , B.C. Date of Hearing: October 23, 2018 Date of Judgment: October 29, 2018 The Issue

The Issue [ 1 ]

Section 56.1 of the Civil Resolution Tribunal Act SBC 2012, c. 25 provides:

(1) A party that is given notice of a final decision in relation to a tribunal small claim may make a notice of objection.

(2) A party may not make a notice of objection later than 28 days after the party receives notice of the final decision.

(3) If a party makes a notice of objection under this section, the final decision is not binding on any party. The parties have asked me to decide whether Mr. Sproule “made” his notice of objection to a final decision of the Civil Resolution Tribunal (the “CRT”) within the time limited by the statute. The Facts [ 2 ] The parties agree that: a. the CRT issued its final decision, dismissing Mr. Sproule’s claim, on June 26, 2018; b. Mr. Sproule filed his notice of objection form with the CRT on July 18, 2018, and paid the required fees at that time; c. Mr.

Sproule sent a filed copy of his notice of objection form to Ms. Schafer by registered mail on July 24, 2018; d. Ms. Schafer received the filed copy of the notice of objection form within a few days after July 24, 2018. The CRT Rules [ 3 ]

Section 62 of the Civil Resolution Tribunal Act SBC 2012, c 25 (“the CRT Act” ) provides:

(1) The tribunal may make rules respecting practice and procedure in tribunal proceedings to facilitate the resolution of disputes before it in accordance with its mandate.

(2) Without limiting subsection (1), the tribunal may make rules respecting the following: * * * (

n) rules respecting any other matter for which rules are contemplated by this Act. [ 4 ] The CRT has published rules of procedure on its website. Rules 143 and 144 provide:

(143) To object to a tribunal small claims decision a party must, within 28 days of receiving a Notice of Final Decision, submit a completed Notice of Objection Form to the tribunal and pay the required fee.

(144) Once a Notice of Objection Form has been submitted, the tribunal will provide the parties with a copy of the Notice of Objection Form and a Certificate of Completion indicating that the parties have completed the tribunal’s process. [ 5 ] I do not think that Rules 143 and 144 are authorized by section 62(1) of the CRT Act . A notice of objection is not a procedure whose purpose is to facilitate resolution of disputes before the CRT.

On the contrary, the function of a notice of objection is to remove a dispute from the jurisdiction of the CRT and refer the dispute to a court. [ 6 ] However, I think that Rules 143 and 144 are authorized by section 62(2)(n). A notice of objection is closely analogous to a notice of appeal in conventional civil litigation. As noted below, the rules of procedure applicable in every Canadian appellate court include rules governing the manner in which, and the time within which, a notice of appeal is to be filed and served upon opposing parties.

When it enacted the CRT Act , the Legislature must have contemplated that there would be rules of that kind in relation to notices of objection. Section 62(2)(

n) confers on the CRT the power to make such rules. When is a Notice of Objection “Made”? [ 7 ] An application for leave to appeal is “made” when the appellant files the document required to initiate the appeal: Fredericton (City) v. Fredericton Police Association [2016] NBJ No. 141 ; 89 CPC (7 th ) 296 . Similarly, in this context, an objection is “made” when the disappointed litigant files his notice of objection. Mr. Sproule “made” his notice of objection when he filed it with the CRT, well within the 28-day period allowed by

section 56.1 of the CRT Act [ 8 ] Appellate practice varies from court to court. A person who wishes to appeal to the British Columbia Court of Appeal must file her notice of appeal and serve it on the opposing party within the time limited by the statute: Court of Appeal Act RSBC 1996, c. 14, s. 14 . By contrast, a person who wishes to appeal to the Federal Court of Appeal must file his notice of appeal within the time limited by the statute, but need only serve it within 10 days of filing: Federal Courts Act RSC 1985, c. F-7, s. 27(2); Federal Courts Rules SOR 98/106, s. 339.

The CRT rules do not require a person who challenges a CRT decision to serve the notice of objection on the opposing party. Under Rule 144, the CRT assumes responsibility for service of notices of objection. Accordingly, Mr. Sproule completed all that the CRT rules required of him when he filed his notice of objection. Decision [ 9 ] Mr. Sproule “made” his notice of objection within the time allowed by the CRT Act , and is entitled to proceed in this Court. October 29, 2018

___________________________ T. Gouge, PCJ