Appealing CRT Decisions
The case of The Owners, Strata Plan BCS 1721 v Watson, 2017 BCSC 763, is the first case where a strata corporation has sought leave to appeal a Civil Resolution Tribunal ("CRT") Decision. The CRT decision was regarding the reasonableness of a move-in, move-out fee levied by the strata corporation.
The CRT Member had determined that the amount of the fee was unreasonable because it did not reflect the actual cost that the strata corporation experienced when an owner moved in or out and reduced the amount that the strata corporation was permitted to charge.
To be granted leave to appeal the strata corporation had to meet the test set out in Section 56.5 of the Civil Resolution Tribunal Act:
(a) whether an issue raised by the claim or dispute that is the subject of the appeal is of such importance that it would benefit from being resolved by the Supreme Court to establish a precedent; (b) whether an issue raised by the claim or dispute relates to the constitution or the Human …
The CRT Member had determined that the amount of the fee was unreasonable because it did not reflect the actual cost that the strata corporation experienced when an owner moved in or out and reduced the amount that the strata corporation was permitted to charge.
To be granted leave to appeal the strata corporation had to meet the test set out in Section 56.5 of the Civil Resolution Tribunal Act:
(a) whether an issue raised by the claim or dispute that is the subject of the appeal is of such importance that it would benefit from being resolved by the Supreme Court to establish a precedent; (b) whether an issue raised by the claim or dispute relates to the constitution or the Human …