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

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

3. 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

4. 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

5. 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.

6. 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

7. 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

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

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

10. 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

11. 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

12. 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

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

14. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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)

22. 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

23. 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

24. 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

25. Continuous Improvement
Ask for feedback/ advice
LISTEN
Incorporate feedback
Improve

26. 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!

27. 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

28. What do you think?

29. CRT implementation website:
More information
Shannon Salter
CRT implementation website: