How to Cancel a CRT Default Decision in BC

You missed the 14-day deadline — or maybe you never saw the Dispute Notice at all — and the CRT issued a default decision against you. The applicant now holds a binding order that can be registered in Provincial Court and enforced through garnishing orders, seizure of personal property, or payment hearings. But a default decision is not necessarily the end. The CRT has a process for cancelling one, provided you apply on time and address the factors the CRT considers.

What the CRT Considers

To cancel a CRT default decision, apply directly to the CRT within 28 calendar days after you are deemed to have received notice of the default decision. The CRT considers:

1. Whether the default was non-willful. Explain why you did not file a Dispute Response within the 14-day window (or 30 days if served outside BC). Examples include an acute accident, serious illness, or another circumstance beyond your control.

2. Whether the applicant acted in good faith.

3. Whether your Dispute Response shows a meritorious defence worth investigating. Set out the factual basis of your defence — what you dispute and why. You do not need to prove your case at this stage.

4. Whether any delay in applying to cancel was excusable. Explain the time between receiving notice of the default decision and filing your cancellation request.

How to Apply

The application is made through the CRT portal. You log into your account (or create one), access the file using the file number from the original Dispute Notice, and submit the Request for Cancellation of Final Decision or Dismissal form. Include a completed Dispute Response, evidence explaining why you did not participate, and the $50 application fee or an approved fee waiver.

Low-income individuals can apply for a fee waiver, though businesses, corporations, and strata councils are not eligible.

What Happens If the Cancellation Is Granted

If the CRT cancels the default, the case effectively resets to the response stage. You file your Dispute Response, and the case proceeds through the normal CRT process — negotiation, facilitation, and adjudication. The original default decision is vacated.

The applicant may oppose your cancellation application. They will have the opportunity to argue that your excuse is not reasonable or that your proposed defence lacks merit. The CRT member reviewing the application weighs both sides.

What Happens If the Cancellation Is Denied

If the CRT refuses to cancel the default, the default decision stands. At that point, your only recourse is applying to the BC Supreme Court for judicial review under the Administrative Tribunals Act. Judicial review is a different process entirely — it is not a re-hearing of your case. The Supreme Court reviews whether the CRT acted without jurisdiction, committed a procedural fairness error, or reached a patently unreasonable decision; it does not decide whether you would have won the underlying dispute.

Provincial Court Defaults Work Differently

If your default was entered in BC Provincial Court Small Claims (claims between $5,001 and $35,000) rather than at the CRT, the process for setting it aside involves filing a Form 8 (Application to a Judge) and appearing at a hearing. The court applies a similar test — reasonable excuse plus a defence on the merits — but the application is made to a judge rather than a tribunal member.

One practical note: if no default order has been entered and no default hearing has been scheduled, you may file a late Reply (Form 2) at the Provincial Court registry without needing a judge's permission. Once a default order has been entered, apply to a judge for permission to file a late Reply using Form 8.

Act Quickly

The longer you wait after a default decision is issued, the harder it becomes to convince the CRT that your excuse is reasonable. If you just discovered a default decision against you, apply to cancel it as soon as possible.

The BC CRT Dispute Response Guide walks through the cancellation process and includes the key grounds to address in your application.

See more British Columbia guides →