canada small-claims-court british-columbia court-order
Confused as to the waiting period required after getting an order
<p>A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced:</p>
<blockquote>
<p>As set out in 58.1 (3) of the CRTA, a part may only enforce this order
if the time for making a notice of objection has passed and a Notice
of Objection has not been filed. <strong>The party in default has no right to
make a Notice of Object</strong>, as set out in section <a href="https://www.bclaws.ca/civix/document/id/complete/statreg/12025_01#section56.1" rel="nofollow noreferrer">56.1(2.1)</a> of the CRTA.</p>
</blockquote>
<p>However I was also told</p>
<blockquote>
<p><strong>Please note that you may only enforce this order if the time for making a Notice of Objection has
passed.</strong> Please be advised that a Notice of Objection may be made by a
participating party in a small claims proceeding who disagrees with
the decision issued by the Civil Resolution Tribunal (CRT).</p>
</blockquote>
<p>These seem to contradict. This is a default judgment, and the other party did default. So doesn't the first paragraph apply and it can be enforced it ASAP? I asked the tribunal and they basically said hire a lawyer if I don't understand the decision.</p>

<blockquote>
<p>doesn't the first paragraph apply and it can be enforced it ASAP?</p>
</blockquote>
<p>The first excerpt applies, but that does not mean that judgment is enforceable immediately. Section 56.1(2.1) reflects the possibility that &quot;<em>the default is set aside by the tribunal</em>&quot;. This is likely to occur if the counterparty proves that a reasonable cause prevented him from addressing the complaint.</p>
<p>As for contradictions between first and second excerpts, there is none. The second excerpt refers to a <em>participating</em> party. Obtaining a default judgment suggests that the counterparty did not appear (and therefore did not <em>participate</em>) in the proceedings.</p>
