News

Civil Resolution Tribunal – 4 Members (Full Time)

Requisition # 2313061
Job Location Canada-British Columbia-Vancouver
Job Stream Legal
Job Type Appointment, Full-Time
Salary/Rate $1.00 / Year
Number of Positions Open 4
Posting Date 17-Oct-2018
Expiry Date 25-Nov-2018
Educational Requirements N/A
Languages Required English

Mandate and Structure of the Civil Resolution Tribunal

The B.C. Civil Resolution Tribunal (the “tribunal”) is an independent, quasi-judicial body established under the Civil Resolution Tribunal Act (the “Act”). The tribunal provides self-help tools, online dispute resolution services, and other collaborative dispute resolution services. As a last resort, disputes are resolved by adjudication, based on written submissions or, more rarely, following an oral hearing. Most of the tribunal’s services are delivered through remote communication methods like email, the internet, telephone, and video. The tribunal has jurisdiction over strata (condominium) property disputes and most small claims disputes under our current small claims monetary limit of $5,000.00. On April 1, 2019, the tribunal will also assume jurisdiction over certain motor vehicle accident personal injury disputes, and disputes under the Societies Act and the Cooperative Associations Act.

The tribunal’s mandate is to provide “accessible, speedy, economical, informal and flexible” dispute resolution services, which are proportional to the issues in dispute. The Act provides that the tribunal’s online dispute resolution services are available to the public generally. For more information, see www.civilresolutionbc.ca.

Governance Structure

The tribunal is currently made up of the Chair of the tribunal, a Vice Chair for each of the Strata Property and Small Claims Divisions who are also tribunal Members, and full and part-time Members. The Chair, Vice Chairs and Members are appointed by the Lieutenant Governor in Council. We anticipate that a Vice Chair for motor vehicle personal injury disputes will be appointed in the near future. Tribunal operations are supported by a number of employees.

Responsibilities and Accountabilities

The Member provides excellent decision-making services to tribunal participants, including the speedy and fair resolution of pre-hearing applications and disputes through online and remote justice service methods, with in-person services as a valued last resort.

The Member adjudicates claims or dispute applications as a single-member panel, and rarely, as a member of a multi-person panel. Disputes are adjudicated on the basis of a review of the evidence, the parties’ submissions, and the applicable law and policy. The Member may also provide facilitation services to assist the parties to resolve their dispute consensually.

The position is responsible for the overall conduct and control of the dispute that is assigned for decision, including the identification and clarification of issues, the provision of procedural directions, research and evidence gathering, and the conduct of written and oral hearings. For each claim, the Member provides a clear, sound, concise, and timely written decision. The member may be required to resolve disputes in one or more of the areas within the tribunal’s jurisdiction.

The position interacts verbally and/or in writing with parties, their representatives, witnesses, experts, colleagues and support staff.

The Member manages a variable caseload, depending on the needs of the Tribunal.

The Member:

  • assists with the development and maintenance of content for the Solution Explorer;
  • adjudicates a variable volume of disputes, many of which are complex or contentious, in a fair and impartial manner, and renders a decision within the time frame established in the Act or a timeframe determined by the Chair;
  • adjudicates a high volume of applications, including those for dismissal, use of a representative, default, substitutional service, cancellation of defaults, among others;
  • is responsible for the overall conduct of each dispute assigned;
  • reviews evidence and submissions, identifies substantive and procedural issues, and ensures that the appropriate hearing process (oral or written) is used;
  • conducts the hearing (either oral or written) in accordance with the Act, the Tribunal’s rules and policies, and principles of procedural fairness;
  • determines what further evidence or information is required to fully and fairly decide the claim and the procedure for obtaining that information;
  • ensures that parties have had an opportunity to address the issues and all new evidence obtained in the process;
  • evaluates the evidence and makes findings of fact;
  • identifies and applies the relevant law and policies to the issues in the claim or application;
  • produces clear, well-reasoned decisions that are based on the merits and justice of the specific case;
  • ensures decisions respect the tribunal’s policies on privacy and public access;
  • treats the parties, at all times, with respect, dignity, and patience;
  • has high ethical standards, personal integrity and a strong sense of fairness;
  • is service-oriented and focussed on addressing the needs of tribunal participants quickly, efficiently, and fairly;
  • appreciates the tribunal’s duty to the public, its focus on providing effective administrative justice services to participants, and the need to put the public interest first; and
  • works as a team member and works on individual case management with Tribunal support staff.

Vacant Position(s)

The tribunal has vacancies for full-time Members. The tribunal may establish an eligibility list for future appointments.

Board Composition

The Member is selected based on merit, knowledge of and experience in areas within the tribunal’s jurisdiction, experience in a high-volume, public service environment, and a comprehensive understanding of the related statutes interpreted by the tribunal.

Selection Criteria

Required Competencies

The Member must have the following combination of qualifications and experience:

  • Law degree from a recognized post-secondary institution, preferably in Canada;
  • Minimum of 3 years’ current and related expertise and experience in motor vehicle personal injury law, strata property law, or general civil litigation (small claims dispute areas);
  • Adjudicative experience and/or applied knowledge of administrative law, specifically the principles of procedural fairness;
  • An interest in motor vehicle personal injury matters and an understanding of the tribunal’s mandate, structure, and processes;
  • Dispute resolution skills, knowledge, and experience, preferably in the context of one or more areas within the tribunal’s jurisdiction;
  • Highly developed ability to read large volumes of complex information, including medical information, identify issues, analyze evidence, interpret and apply the applicable law and policy, and write well?reasoned and very concise decisions;
  • Highly developed ability to organize and manage a steady and high?volume caseload, producing timely and sound decisions;
  • Highly developed verbal and written communication skills in order to clearly, concisely and respectfully convey information in plain language;
  • Ability to preside over oral hearings, maintaining the impartiality, gravitas and decorum necessary to ensure procedural fairness and orderly conduct;
  • Demonstrated ability to work respectfully with individuals from diverse backgrounds, to listen and understand, and effectively manage angry, frightened, or distraught behaviour;
  • Demonstrated collegial orientation including consulting, listening to and sharing information/opinions with colleagues, and maintaining positive working relationships with all tribunal staff and Members;
  • Demonstrated ability to identify information gaps or inconsistencies and conduct research to gather complete information;
  • Demonstrated ability to use a computer for word processing, file and document review, case management, and research, as the tribunal will operate in a paperless environment; and,
  • Integrity, credibility and sound reputation in their chosen field and the respect of peers and clients.Preference may be given to candidates with the following qualifications and experience

Preferred Competencies

  • Demonstrated knowledge and experience in interpreting medical information; and
  • Demonstrated knowledge and experience in mediation, facilitation, and other forms of alternative dispute resolution.

Eligibility Requirements

In order to be eligible to apply, all candidates must satisfy the following criteria:

  • Canadian citizen or permanent resident or equivalent;
  • willing to work primarily remotely, from home or personal office, using a variety of communication methods including telephone, video-conference and internet;
  • commitment to learn and contribute to education seminars, workshops, and self-study and to contribute to an organization-wide team effort;
  • willing to travel periodically to attend training sessions, meetings, or rarely, hearings.
  • willing to meet the requirements of tribunal rules and policies, including a Code of Conduct, and to meet performance and productivity standards; and,
  • willing to receive constructive feedback.

Other Considerations

Within the context of the tribunal requirements, consideration is given to diversity of gender, cultural heritage, and knowledge of the communities served by the organization.

Time Commitment

The Member position is full-time and based in British Columbia. The position works primarily from home.

Term

Initial appointments are for terms of between 2 and 4 years. Members may be re-appointed for additional terms of up to 5 years.

Compensation

The salary range is currently $118,000 – $132,000. The salary range is set by Treasury Board Directive, which is regularly reviewed. The current Treasury Board Directive is Number 1/17, which can be accessed at:

https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/government-finances/treasury-board-directives/tbd1-17-remuneration-guidelines-for-appointees-to-administrative-tribunals.pdf

The benefits package includes medical and dental coverage and participation in a defined benefit pension plan. For further information regarding benefits, see section 5.2 of the Treasury Board Directive.

Process for Submitting Expressions of Interest

You may submit an Expression of Interest in serving as Member of the Civil Resolution Tribunal online by clicking on the “Apply Online Now” button at the bottom of this page.

British Columbia Appointment Guidelines

Appointments to British Columbia’s public sector organizations are governed by written appointment guidelines. For more information about the appointment process, and to view a copy of the guidelines, refer to the Crown Agencies and Board Resourcing Office website (gov.bc.ca/cabro) and link to the page “The Appointment Process.”