CRT Default Order BC: What Happens When the Respondent Doesn't Reply

You served the Dispute Notice correctly, filed your Proof of Service on time, and the respondent's 14-day (or 30-day) response deadline has passed. Nothing. No Dispute Response, no counterclaim, no communication at all. What now?

You apply for a default decision. But it is not automatic, and it is not guaranteed.

How to Apply

A default decision is not issued just because the respondent failed to reply. You must actively submit a Request for Default Decision through the CRT portal and pay the fee: $25 online ($30 by paper). Along with the request, you provide evidence proving two things:

Valid service. Your Proof of Service must already be on file, showing the respondent was properly served within the 90-day window using an approved method.

Your claim. The CRT still needs evidence establishing your damages. For a straightforward debt claim (unpaid invoice with a clear contract and payment records), this may be straightforward. For unliquidated damages — property damage, incomplete work, items not as described — you need receipts, photos, quotes, or other documentation supporting your figures.

The CRT does not rubber-stamp defaults. A Tribunal Member reviews the evidence and decides whether to grant the full amount, a partial amount, or deny the default.

What the Default Decision Means

If granted, the default decision is a final, binding CRT order. It carries the same legal weight as a decision issued after a full hearing. You can enforce it through Provincial Court the same way — validated order, court filing, garnishing orders, seizure and sale.

Since July 2022, there is no Notice of Objection. The respondent cannot restart the case in Provincial Court just because they missed the deadline.

Can a Default Be Cancelled?

Yes, but the bar is high. The respondent must file a Request to Cancel a Decision or Order ($50 fee) and prove all three of the following:

They have 28 days from the day they received the decision, or were considered to have received it under the CRT Rules, to apply.

1. The failure to respond was not willful or deliberate — they genuinely did not receive the notice, had a medical emergency, or made an honest mistake
2. They applied to cancel promptly after learning of the decision
3. They have a potentially meritorious defence to the claim

If the CRT cancels the default, the dispute restarts from the Dispute Response stage. This is one reason why applicant service with registered mail and signature confirmation is worth the extra effort — solid proof of delivery makes it much harder for a respondent to claim non-receipt.

CRT Service and Default Risk

If you chose CRT service (regular mail, usually deemed served 20 days after the CRT issued the Dispute Notice), there is no delivery signature. If the respondent applies to cancel and says the package never arrived, the CRT may grant the cancellation because there is no independent proof of actual delivery. Applicant service via registered mail leaves a tracking record that settles this question.

The Timeline

From the time the response deadline passes, expect the default process to take a few weeks. You submit the request, provide your evidence, and wait for the Tribunal Member's review. There is no hearing — it is decided on the documents.

The BC CRT Small Claim Step-by-Step Guide covers the full default application workflow, including what evidence to submit and how to protect against cancellation challenges.

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