contract-law canada small-claims-court breach-of-contract settlement
If party doesn&#39;t do what&#39;s agreed in settlement, can you sue again or is enforcement the only option?
<p>I filed a dispute with the Civil Resolution Tribunal (<a href="https://civilresolutionbc.ca/" rel="nofollow noreferrer">CRT</a>). A settlement was reached. Two terms of the settlement were</p>

<ol>
<li>the defendant will make available my property for me to pickup</li>
<li>parties agree this agreement extinguishes any claims either party has against the other</li>
</ol>

<p>Though I rented a truck to pickup my property, the defendant failed to return it. He has admitted he still has it. The CRT can't enforce orders, they leave that to small claims court. At this point I prefer to get money, instead of enforcing the term that he must allow me to pickup my property. </p>

<p>Am I able to start a new dispute for monetary compensation, or would that be in violation of term #2? In other words if someone breaks a settlement, does it nullify the extinguishment of other claims and remedies? </p>

<p>The Civil Resolution Tribunal is part of the court system, and the decisions they issue, called "consent resolution orders", are <a href="https://civilresolutionbc.ca/faq/#we-reached-an-agreement-about-the-dispute-what-happens-next" rel="nofollow noreferrer">legally binding just like court decisions are</a>.  Enforcement is done <a href="https://civilresolutionbc.ca/how-the-crt-works/how-the-process-ends/#how-do-i-enforce-my-small-claims-order" rel="nofollow noreferrer">through the court system</a>; the next step involves the <a href="https://www.provincialcourt.bc.ca/" rel="nofollow noreferrer">BC provincial courts</a>.</p>

<p>(A settlement through the CRT is roughly equivalent to a decision in small-claims court.  Among other things, it means the issue has been decided and cannot be re-litigated.)</p>

<h2>You cannot sue again</h2>

<p>The matter is <a href="https://en.m.wikipedia.org/wiki/Res_judicata" rel="nofollow noreferrer">res judicata</a> - the only options are enforcement or an agreement between the parties.</p>
