Shannon Salter, Chair CHOA Public Forum, Vancouver, BC, September 2015

Transcription

1 Shannon Salter, Chair CHOA Public Forum, Vancouver, BC, September 2015

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

3 What is the CRT? Civil Resolution Tribunal Act passed in 2012 Jurisdiction: Small claims matters Many strata property disputes Initially voluntary (mostly) CRT Amendment Act passed in May 2015 After first year, mandatory for: strata claims small claims < $10,000 When it opens next year, it will be the first online tribunal in Canada, maybe first in world 3

4 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 4

5 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 repairs issues with common property 5

6 Strata: Key Points & Examples No $ Limit i.e. payment of a $50,000 special assessment or insurance deductible Bylaws & Rules Start claim without ¾ vote Are they enforced properly and fairly? Consistent with legislation? i.e. election signage Strata council can start CRT claim on own motion Injunctive-type relief Orders to do or stop doing something i.e. hardship, pay fines/fees, comply with bylaws, convene meetings 6

7 Why the CRT? We have built a legal system that has become increasingly burdened by its own procedures, reaching a point that we have begun to impede the very justice we are striving to protect " - George Strathy, Chief Justice of Ontario, September

8 Why the CRT? Access Time Cost Proportion Rural parties Complexity Limited support Few cases go to trial ~ 12 months (SC) Longer for strata Delays & backlogs Travel Legal fees Court costs (strata) Generic processes Generalist decision-maker Little ADR or case management 8

9 To summarize Access to justice barriers Win/lose outcome Citizen dissatisfaction 9

10 Put the public FIRST Whose justice system is it? Design for lived lives Power of Precedent Principle v. Procedure 10

11 Guiding Principles Timely Flexible Focus on early resolution 60 day process Range of ADR options Continuous improvement Accessible 24/7 Anywhere Legal information and support CRT Affordable Staged fees Usually no travel/legal costs Fee exemptions Efficient Active case management Tailored timelines and processes Avoid duplication 11

12 How will it work? Dispute volumes Solution Explorer: information, diagnosis, self-help Party to party negotiation Case Management: facilitated ADR & hearing preparation Adjudication 12

13 How will it work? Asynchronous interactions Responsive design Online, but no one left behind Telephone support 13

14 Solution Explorer Free for anyone, available 24/7 Guided pathways Interactive question and answers Tools, templates, resources Resolution or preparation for CRT process Beta launching this fall 14

15

16

17

18

19

20 20 Solution Explorer Video Resources

21

22 Negotiation Connects parties to encourage negotiated settlement: Zero to nominal cost Low intervention Negotiation resources Opportunity to avoid spending more time/money on dispute Occurs during facilitation/case management queue: Efficient/avoids duplication 22

23 Facilitation Case manager/facilitator works with the parties to reach a consensual agreement Very flexible processes: Asynchronous or synchronous Resolve some or all of disputes Can decide dispute with consent 23

24 Facilitation If agreement Quick order from tribunal member Enforceable in court If no agreement Adjudication support Help narrow issues, organize claims Enhances access to justice Avoids duplication and delays 24

25 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 25

26 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 26

27 Continuous Improvement Ask for feedback/ advice Improve LISTEN Incorporate feedback 27

28 Where are we now? Winter 2015 Design concept Tech partner selected Registrar hired Website Spring/Summer 2015 CRT members Rules & templates Technology build continues Fall/Winter 2015 SE launches Beta testing New releases DRS build CRT Launch! 28

29 What will the future look like? CRT is pioneering a new model for the civil justice system: access to justice focus on flexibility and public choice commitment to continuous improvement Model will be applied across the administrative justice sector in coming years: tailored to each tribunal s process/jurisdiction 29

30 More information Shannon Salter CRT implementation website: 30