Missing Evidence

Again and again it happens. The more I review Claim Resolution Tribunal decisions the more I see it. Missed opportunities to present evidence. Many Claimants and Respondents in the tribunal seem confused about how to bring their evidence before the tribunal. Without evidence to support your side, you are just spinning your wheels.

Without commenting on what could have been different in their respective cases, here are some recent examples:

Jivraj v. Del Palaganas 2024 BCCRT 1132

“The problem for Mr. Jivraj is that they provided no evidence, submissions, or argument for these claims.”

Power v. Simpkins 2024 BCCRT 817

“22. The applicant says the accident caused cracks in the condenser. The applicant says he did not notice the air conditioner had issues until after the weather got warmer.

23.   The difficulty for the applicant is he has provided no evidence, such as photos of the condenser or a statement from his repair shop, that the accident caused damage to the air conditioning unit of his truck. So, I find he hasn’t proven these later repairs were a result of the accident and I dismiss his claim for reimbursement.”

Reid v. ICBC 2024 BCCRT 804

“35.   As Mr. Reid did not provide any evidence about his wife’s work schedule or when she was unable to care for the children, I find he is not entitled to a benefit under this section.

Mr. Reid has not provided any evidence that he has paid anything, so I find he has not proven entitlement to ADL benefits.”

51.   I accept that over 2021, Mr. Reid sold some wood from his property, which was accounted for under his income replacement benefit. However, he provides no support for the “millions” he said he could have achieved from the City of Courtney if he had sold his property as “development property”. There is no evidence Mr. Reid does not still own the property, which could still be sold for some amount in the future.

52.   Mr. Reid has also not provided evidence of any payments to another person to perform his duties with respect to working on his property. So, I find Mr. Reid is not entitled to family enterprise benefits, and I dismiss his claim.”

This could not be further from an exhaustive list. By searching CRT decisions where a party is representing his or herself, it is common to find rulings similar to those above. After the frustrations arising from making a claim, and the time and money spent, parties are not having their cases truly assessed on its merits with missing evidence.

If you are considering a CRT claim, or a small claims action, it is vitally important that all necessary and relevant evidence is obtained and properly presented. Please feel free to contact our office with any evidentiary questions you might have.