Response or Comment
property; strata property; condominium; administrative law; error of law; Civil Resolution Tribunal
Locate the Document
Douglas C Harris & Sophie Marshall, “An Error of Law and the Credibility of the Civil Resolution Tribunal” (25 April 2018), online (blog): CanLII Connects <https://canliiconnects.org/en/commentaries/61913>.
The Civil Resolution Tribunal has made a serious error of law. The error is straightforward and clear. Over a number of decisions, the CRT has attributed words to the British Columbia Court of Appeal that are, instead, the words of the British Columbia Supreme Court. The seriousness of this error is threefold. First, the CRT is citing the BCCA decision as authority for the proposition that the BCCA rejected. Second, in misrepresenting the BCCA decision, the CRT is changing the scope of protection for individual strata property owners from their strata corporations. Finally, the CRT is compounding the error by repeating it. In this comment, we explain the error, outline its seriousness, and consider the implications for the CRT as it works to establish its credibility and expertise in the body of law that creates and governs strata property.