Canadian Lawyer

40 O C T O B E R 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m ast year, British Columbia launched the first civil resolution tribunal in Canada, intended to settle con- dominium (known as "strata") and small claims disputes in the province. Initiated by then-attorney general Suzanne Anton, "Canada's first online tri- bunal" had received more than 13,000 online "explora- tions" and completed and closed more than 300 disputes in its first year. The Civil Resolution Tribunal is not only the first in Canada but "the first one in the world that we're aware of," says Shannon Salter, the CRT's chairwoman. "It's exciting — both the gift and the chal- lenge of a blank site, to create something new, exciting and innovative." At the same time, she notes, there is "no path to follow." Legislation to form the CRT was passed in 2012 and the CRT began its work in July 2016, starting with strata, followed by small claims disputes in the purchase and sale of goods and services; loans and debts; construction and renovations; employ- ment (non-unionized); insurance disputes; personal injury, including motor vehicle injuries and accidents; and property. Disputes are primarily resolved through settlements and consensual agreements, says Salter. A smaller number of disputes is being resolved through adju- dication, with decisions then published on the CRT's website and on CanLII. The initial "facilitation" stage is confidential, but once a decision is made by a CRT member, it is published. Since its inception, the CRT has received inquiries from jurisdictions around the world about what it offers and how it works, and from provinces such as Alberta, Ontario, Saskatchewan and Manitoba. "In some ways, the interest from outside of Canada has been stronger than from within," Salter notes. Of note, she adds, is how many people have used the CRT website's "solutions explorer," which takes users through pre- liminary explanations of who might be entitled to use the category they have selected, then allows users to enter infor- mation online in order to register a com- plaint. "We expected that most people would want to engage with the tribunal online, but what has been surprising is that over 99 per cent of people using the CRT are doing so online, and about 35 per cent are engaging with the tribunal outside of traditional court hours" on evenings and weekends, says Salter. "It reflects the fact that there's a strong demand to engage with justice services where and when it's convenient to them." This flexibility also makes the CRT a L E G A L R E P O RT \ L I T I G AT I O N FAYE ROGERS B.C.'s new Civil Resolution Tribunal has had positive reviews and could have wide-ranging effects on litigation By Elizabeth Raymer Resolving disputes online L

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