I was awarded money by the Civil Resolution Tribunal. Now I’m told that to enforce my order I have to file it in court. How do I do that?

It’s frustrating to learn that even though you’ve won your case, there are still more steps required before you’ll see any money. 

Once you have the order from the Civil Resolution Tribunal, in order to enforce it, you have to go in person to a court registry to file the order.

The court registry you go to depends on the type of order

Typically, you’d go to BC Provincial Court if the order is for financial compensation or the return of personal property.

If the order isn’t seeking financial compensation (for example, a strata claim that ordered a neighbour to stop doing something), you should file the order at BC Supreme Court.

(Note that if an intimate-image protection order has been granted by the Civil Resolution Tribunal — as in, the other side must take down the image — you can apply to the tribunal for them to enforce a monetary penalty. That penalty is to be paid to the BC government, not to you personally.)

What’s involved in filing your order with the court

Go to the court registry. Bring a copy of the validated order that the Civil Resolution Tribunal sent you, and ask the court staff at the registry for the form needed to file the order.

In terms of timing, you have up to 10 years to file the order in court, but obviously the sooner you file the sooner you can compel the other side to pony up. 

The steps to enforce your order

Let's walk you through how to get the other side to respect the original order.

Step 1. After you win at the Civil Resolution Tribunal, reach out to the other side directly. Let them know that if they don’t pay you by a certain date, you’ll file the order with an upper court and they could be on the hook to compensate you for any further fees. To sweeten the offer, you could even suggest they pay you a reduced amount — that is, less than the total judgment you’re entitled to. Check out these tips for writing a demand letter to help get you started. 

Step 2. File the order in court. If the other party continues to ignore you, file the order in court as described above. This will allow you to take formal steps to enforce your judgment. But before you take these additional steps, repeat step 1 above. This time provide the other side with a copy of the filed order. Again, give them a deadline by which to pay you.

Step 3. Take enforcement steps. Do they own property? Are they an employee somewhere? You might want to try to seize their assets for sale, or apply for a garnishing order. This would re-route a portion of their bank account or wages to you until you’re fully paid up. Learn more about garnishing orders here.

Ideally, by step 2, they will have paid you (or otherwise have abided by the order). If you need to move to step 3, see this deeper guidance on getting your judgment paid.

It can be demoralizing to win a Civil Resolution Tribunal hearing only to find yourself facing more paperwork, delay and anxiety. But courts in civil matters, unlike criminal cases, need more formal steps to get directly involved in forcing somebody to pay.