The complaint: Raya was a newcomer to Canada with limited English skills. She did not know much about the Canadian legal system.
In 2021, Raya received a registered letter with a Notification of Dispute from the Civil Resolution Tribunal (CRT). She signed the notice indicating she received the letter, but Raya never opened it. The letter was from someone she had argued with and she did not know why the person was writing to her. She feared that the mail may contain toxic substances.
Because Raya never responded to the notice, the CRT made a default decision and order. When she asked the CRT to cancel the order, it refused. Because she didn’t know that she had to provide the reasons why she didn’t know about the dispute, the CRT decided she deliberately refused to respond to the notice.
What we did: We investigated to see if the CRT had acted fairly. We saw how hard it was for Raya to tell her side of the story and that she had trouble understanding how the CRT worked. However, CRT decisions are final; only the court can review them.
How we helped: The CRT acknowledged that many parties are vulnerable, are self-represented, and have limited knowledge of English and the Canadian legal system. It agreed to improve its process by:
- changing its template letters
- updating its website to explain how to cancel a default order
- continuing to improve its letters to ensure they are clear
The CRT also said that a complainant can tell it if they are concerned about a risk of violence from another party. In those cases, the CRT will try to ensure that its dispute resolution process does not expose parties to a risk of further violence. The CRT also confirmed that complainants have access to a translator on request.
Why it matters: Raya’s complaint led to changes so that future users would receive clearer information which will help prevent an unfair outcome.
