New Procedure for Appealing CRT Decisions

Originally, anyone not happy with their CRT strata decision had to apply to the BC Supreme Court for leave to appeal the decision. As set out in my first post on this subject, there was a test to be met before the leave for appeal would be granted: 

(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 Rights Code;

(c) the importance of the issue to the parties, or to a class of persons of which one of the parties is a member; and

(d) the principle of proportionality.

Essentially, this created a separate hurdle to be overcome before the decision itself could be appealed. Once the test was met, then the appeal of the decision could go forward. 

Now, the interim step has been removed: people unhappy with their decisions no longer need to get leave to appeal. Now they file for judicial review. Quite a different process and certainly more streamlined (although not as simple as the CRT process) as the interim step no longer exists. 

 For some great resources on how to navigate the judicial review process see the below links: 

• http://supremecourtbc.ca/sites/default/files/web/Judicial-Review.pdf 
• https://www.bccourts.ca/supreme_court/self-represented_litigants/Judicial_Review_Package.pdf
• https://judicialreviewbc.ca/jr/

However, before starting the judicial review process, you may want to consult with a lawyer as to the merits of appealing your decision, expectations of outcome, etc. 

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TAEYA FITZPATRICK Taeya Fitzpatrick has specialized in strata law for most of her practice, has won cases for her clients in the BC Supreme Court, the BC Court of Appeal, and assisted with a client succeeding in defending a Civil Resolution Tribunal claim. Taeya offers full services to a strata corporation or a strata owner from redrafting the strata’s bylaws, collection of outstanding strata fees or other charges, issues with bylaw enforcement, to amending the strata plan. For more information on the services provided, you can reach Taeya by email, phone: 250-763-4323, or at her Web Page.