Shannon Salter, Chair Strata Property Agents of BC, December 5, 2014

Introduction to the CRT Where did the CRT come from? Where are we now? What does the future look like? Discussion

What is the CRT? Civil Resolution Tribunal Act passed in 2012 Jurisdiction: Small claims matters Many strata disputes When it opens in 2015, will be first online tribunal in Canada

Jurisdiction Small claims disputes up to $25,000, including: debt or damages; recovery of personal property; specific performance of an agreement relating to personal property or services; or relief from opposing claims to personal property. The tribunal will not decide matters that affect land

Jurisdiction Strata disputes such as: non-payment of fees/ fines; unfair actions by the strata or majority of owners; issues with enforcement of strata bylaws; repairs; meeting irregularities; interpretation of the legislation, regulations or bylaws; and issues with common property.

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 2014

Why the CRT? Access Time Cost Proportion Rural parties Complexity Limited support Few cases go to trial Time 12-18 months (SC) Longer for strata Delays & backlogs Cost Travel Legal fees Court costs (strata) Proportion Generic processes Generalist decision-maker Little ADR or case management

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

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

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

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

How will it work? Initially voluntary (mostly) Website available 24/7 Flexible processes: negotiation, facilitation, adjudication Asynchronous interactions Mix of service channels, but no one left behind Telephone support

Solution Explorer Free for anyone Guided pathways Interactive question and answers Tools, templates, resources Resolution or preparation for CRT process Available 24/7

This is a screen about half-way through – initial screens will ask about problem areas, gather preliminary information, and then start to stream questions, interspersed with legal information and resources

One of these resources is template letters, where people can put in their own details, but are provided with a form of letter with statutory references etc. No user-interface required – just text editor

At the end of the solution explorer, there is a summary of claims, resources, information and next steps. In doing so, the explorer helps to clarify claims, and this information is imported into the next step, negotiation

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

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

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

Adjudication Mostly part-time tribunal members Experts Located all over province Primarily written hearings Some telephone/video hearings Brief written reasons More detailed reasons on request Decisions enforceable in court No need to sue on agreement Decisions can be: Appealed (small claims) Judicially reviewed (strata claims)

CRT: How we’re putting the public first Empower people to take charge of dispute resolution Accessible anywhere, anytime Variety of dispute resolution methods Case manager/facilitator to assist participants Telephone support to use platform 60 days end-to-end, in most cases Continuous feedback and improvement

What about…? What about people who are unwilling/unable to use the technology? What happens if there are problems with the technology? What about people who want to use a lawyer/support person? What can we do to remove barriers, including: Linguistic Accessibility Technological

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 tools Disability Working to ensure accessibility Welcoming and supporting helpers Case managers/facilitators to support the parties

Continuous Improvement Ask for feedback/ advice LISTEN Incorporate feedback Improve

Where are we now? CRT Launch! Fall/Winter 2014 Spring 2015 Conceptual designs Technology partner selected Hiring key staff CRT implementation website launched Spring 2015 Appointment of adjudicators Hiring case managers Rules & templates Technology build continues CRT Launch!

What will the future look like? CRT is pioneering a new model for the civil justice system: increased access to justice for public seamless, user-focussed, end-to-end service emphasis on 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

What do you think?

CRT implementation website: More information Shannon Salter Shannon.salter@crtbc.ca CRT implementation website: www.civilresolutionbc.ca