By Alanna Tom, CLAS Articling Student
New Resource – Guide to Enforcing a Tribunal Order or Settlement Agreement
Clients sometimes ask us what happens if a respondent does not comply with the terms of a settlement agreement. People may also wonder how the Tribunal enforces its orders if the complainant wins their case at a hearing.
Usually, the respondent complies with the Tribunal’s order or the terms they have agreed to in a settlement agreement. However, if the respondent does not comply, a complainant may need to take steps to enforce the order or agreement.
The Tribunal cannot assist you to enforce either a settlement agreement or an order. Instead, you must go to the BC Supreme Court and begin the enforcement process there.
A complete step-by-step guide to enforcement, with examples, is available here.
In order to have a Tribunal order enforced, you must file the order with the BC Supreme Court. You do this by obtaining a certified copy of the order from the Tribunal. Then, file the certified copy of the order with the Court, along with a requisition form.
Once you have filed the order, you will be able to proceed with enforcement measures. This could include asking that the respondent’s wages be paid into court, or that some of the respondent’s personal assets be seized and sold. The step-by-step guide provides more information.
To enforce the terms of a Settlement Agreement, you must file a petition with the BC Supreme Court, which will then require a hearing in front of a judge. You will also have to file an affidavit along with any documentary evidence you will be relying on. If the judge finds in your favour at the hearing, they will make an order. You can then file the order with the registry and proceed with enforcement.
Check out the step-by-step guide for more information and details.