Canadian Lawyer

12 J U N E 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m T he first component of Canada's first online Civil Resolution Tribunal is expected to be imple- mented by July in British Colum- bia, with the technology for the final phase launching in late 2015. In mid- May, CDR named its first 18 tribunal members, all lawyers with extensive experience in litigation, mediation, and arbitration. The B.C. tribunal, which will handle strata disputes as well as small claims court matters under $25,000, was enacted in the 2012 Civil Resolution Tribunal Act, but it has not been in force except for sections allowing its administrative establishment. Bill 19, an amendment to the act, was introduced in the B.C. legislature in March and fine-tunes the act for the tribunal's expected full implementation in 2016. The changes also make it the mandatory venue for these disputes. "The front-end 'solution explorer' will provide free legal information and we hope to have that ready by July," says B.C.'s CRT chair Shannon Salter. Solu- tion explorer will help individuals identify their legal issues, determine whether they fit the ODR model and provide legal infor- mation to help solve those disputes. The second phase of the system will handle the dispute resolution for claims and is being readied for late 2015. "Our best estimate is year-end," says Salter. It will provide individuals with a chance to resolve the claim through negotiations or with the assistance of a case manager. If not viable, an adjudicator will be appointed to make a decision. "We expect the first year to operate on a voluntary basis though," says Salter. However after 2016, it will be mandatory for strata disputes and small claims up to $10,000, but it will take on small claims up to $25,000. Salter says the tribunal's focus is to have individuals resolve disputes early in the process, preferably between the parties, and only seeking an adjudicator's decision as a final step. The adjudicator's decision will be binding and have the power of a court order. Disputes can bypass the tribunal with the permission of the B.C. Supreme Court for strata issues and the B.C. Small Claims Court. "This is about providing access to \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP Canada's fi rst ODR tribunal targets July launch Shannon Salter W E S T MATTER CREDENTIALS TORONTO I BARRIE I HAMILTON I KITCHENER 1-866-685-3311 www.mcleishorlando.com A Noticeable Difference ™ Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer? I Untitled-1 1 2015-05-13 4:13 PM

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