Improperly Charging Insurance Deductibles to Owners
By default, lawyers are not permitted to represent parties in a Civil Resolution Tribunal claim. Parties are permitted to apply to have legal representation, but that request can be denied - and has been previously.
In the case of Booth v The Owners, Strata Plan NW 2575, 2017 BCCRT 61, the strata corporation's requested permission to have a lawyer represent it in a claim from an owner. The owner opposed the request saying it wasn't fair when the owner couldn't afford his own lawyer and it wouldn't be fair for only one side to be represented.
The CRT agreed with the owner and the strata corporation wasn't permitted to use a lawyer to represent it in the dispute.
However, there is no rule against a party consulting with a lawyer about a dispute. Further, there is no rule preventing a party from getting legal advice, using a lawyer to help complete CRT documents, prepare submissions, organize evidence, or otherwise. A fine legal distinction.
As a result, I recently, I…
In the case of Booth v The Owners, Strata Plan NW 2575, 2017 BCCRT 61, the strata corporation's requested permission to have a lawyer represent it in a claim from an owner. The owner opposed the request saying it wasn't fair when the owner couldn't afford his own lawyer and it wouldn't be fair for only one side to be represented.
The CRT agreed with the owner and the strata corporation wasn't permitted to use a lawyer to represent it in the dispute.
However, there is no rule against a party consulting with a lawyer about a dispute. Further, there is no rule preventing a party from getting legal advice, using a lawyer to help complete CRT documents, prepare submissions, organize evidence, or otherwise. A fine legal distinction.
As a result, I recently, I…