Small Claims Court Cannot Grant Injunctive or Declaratory Relief
📌 In brief
The Civil Resolution Tribunal denied a café owner's request to declare a municipal fee improper, stating it had no authority to grant such relief in small claims cases.
📖 Technical summary
The CRT lacks jurisdiction to grant injunctive or declaratory relief in small claims cases.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tribunal member heard the dispute based on the written materials provided.
❌ Tends to be rejected
- The applicant sought an order to recall the $1,500 bill, which the tribunal found was outside its jurisdiction.
- The tribunal determined it lacked authority to grant injunctive or declaratory relief as per CRTA section 118.
- The applicant requested a declaration that the bylaw requiring the $1,500 fee was invalid, which the tribunal could not grant.
- The tribunal dismissed the applicant's claim for reimbursement of CRT fees due to the unsuccessful nature of the claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about a $1,500 fee charged by a municipality for a hearing regarding an exterior patio application.
Which laws or rules were applied?
The Civil Resolution Tribunal Act, section 118 was applied.
What was the argument that mattered most?
The argument that mattered most was that the CRT does not have jurisdiction to grant injunctive or declaratory relief in small claims cases.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider that small claims courts may not be able to grant injunctive or declaratory relief.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.