$0 BC CRT Small Claim Filing Checklist

CRT Notice of Objection Repealed: How to Challenge a Decision After July 2022

If you're searching for the CRT Notice of Objection form, you won't find it. The BC Legislature repealed the Notice of Objection process for small claims effective July 1, 2022, and many online guides and forum posts still haven't caught up.

What the Notice of Objection Used to Do

Before July 2022, a party who disagreed with a CRT small claims decision could file a Notice of Objection within 28 days. Filing one automatically nullified the tribunal's decision and transferred the dispute to Provincial Court for a fresh hearing — a complete do-over with no restrictions on why you objected.

The system was designed as a safety valve, but it undercut the tribunal's purpose. Losing parties could erase months of CRT proceedings with a single form, forcing the other side to start over in court.

What Replaced It

Since July 1, 2022, final CRT small claims decisions are binding court orders. There is no automatic right to a rehearing in Provincial Court.

For a contested final decision issued on or after that date, the route to challenge it is judicial review in the BC Supreme Court under the Judicial Review Procedure Act. If the CRT made a default decision against you, you can ask the CRT to cancel it within 28 days after receiving it; if the CRT refuses, judicial review may also be available. This is a fundamentally different process from the old objection:

  • Narrow grounds — the Supreme Court doesn't retry the case. For a claim within the CRT's exclusive jurisdiction, it reviews whether the CRT's decision was patently unreasonable, whether there was a breach of procedural fairness, or whether the tribunal exceeded its jurisdiction
  • Higher cost — Supreme Court filing fees, potential legal representation costs, and the risk of paying the other side's costs if you lose
  • Strict timeline — an application must generally be filed within 60 days after the decision is given. The Supreme Court can extend the deadline if there are serious grounds for relief, a reasonable explanation for the delay, and no substantial prejudice or hardship
  • No guaranteed new hearing — even if the court finds an error, the usual remedy is sending the case back to the CRT for reconsideration, not a fresh trial

When Judicial Review Might Apply

Judicial review is appropriate when the CRT made a legal error, not when you simply disagree with how the tribunal member weighed the evidence. Examples that might support a review application:

  • The tribunal refused to consider key evidence without explanation
  • You weren't given a fair opportunity to respond to the other party's submissions
  • The decision applied the wrong legal standard or misinterpreted a statute
  • The CRT decided a matter outside its jurisdiction

Disagreeing with the tribunal member's assessment of credibility or the weight given to your evidence is almost never enough for judicial review.

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What This Means for Your Claim

The repeal means CRT decisions carry real weight. Prepare your claim thoroughly the first time — organize your evidence, verify your limitation period, and make sure you've named the right respondent through BC Registries and Online Services.

If you want a complete walkthrough of the CRT process — from filing through evidence preparation and the binding decision — the BC CRT Small Claim Filing Guide covers every stage, including what happens when the decision doesn't go your way.

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