Disgruntled Strata Owner Takes a Loss

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Downing v. Strata Plan, [2022] B.C.J. No. 640, 2022 BCSC 590, British Columbia Supreme Court, April 12, 2022, L.A. Warren J. The petitioner was an owner ...

There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy

21. December 2021 0
Administrative law – Decisions reviewed – Condominium Authority – Strata corporations – Jurisdiction of court – Judicial review – Applications – Premature – Jurisdiction – Alternative remedies Peel Standard Condominium Corp. No. 779 v. Rahman, [2021] O.J. No. 6105, 2021 ONSC 7113, Ontario Superior Court of Justice, October 28, 2021, F.B. Fitzpatrick, S.T. Bale and ...

Strained interpretation – standard of review applicable to the Civil Resolution Tribunal decision when it has “specialized expertise”

16. March 2021 0
On judicial review, the court concluded that the standard of correctness applied to decisions of the Civil Resolution Tribunal. It held that “specialized expertise”, as used in the Civil Resolution Tribunal Act, was not tantamount to “exclusive jurisdiction”, as used in section 58 of the Administrative Tribunals Act. On this basis, although the court recognized ...

Civil Resolution Tribunal’s decision to limit the involvement of lawyers was considered unreasonable by the BC Court of Appeal

15. September 2020 0
Administrative law – Decisions reviewed – Civil Resolution Tribunal – Judicial review – Appeals – Legislative compliance – Standard of review – Reasonableness – Condominiums – Strata corporations – Jurisdiction of court Strata Plan NW 2575 v. Booth, [2020] B.C.J. No. 865, 2020 BCCA 153, British Columbia Court of Appeal, May 28, 2020, M.V. Newbury, ...

Strata Corporations are free to get in their own way when it comes to claiming reimbursement of insurance deductibles from owners

17. December 2019 0
B.C. Supreme Court upholds decision of the Civil Resolution Tribunal that the Bylaws of a Strata Corporation can narrow the Strata’s ability to sue an owner pursuant to section 158(2) of the Strata Property Act. Administrative law – Decisions reviewed – Civil Resolution Tribunal – Condominiums – Strata corporations – By-laws – Judicial review – ...

A strata sought a judicial stay of proceeding following a Civil Resolution Tribunal (“CRT”) decision to deny the strata’s request to be represented by counsel, and subsequent decision to deny the strata’s request for a stay of proceedings pending its application for judicial review regarding the decision to deny the strata’s request for counsel

Administrative law – Decisions reviewed – Civil Resolution Tribunal – Right to legal counsel – Judicial review – Stay of proceedings – Remedies – Interlocutory injunctions – Condominiums – Strata corporations Strata Plan NW 2575 v. Booth, [2018] BCJ No 811, 2018 BCSC 715, British Columbia Supreme Court, May 3, 2018, DeWitt-Van Oosten J. A ...

BC Court of Appeal held that administrator of a strata corporation could not replace bylaws without approval of voters

Absent specific statutory authorization, the B.C. Court of Appeal held that a court may not order that an administrator can exercise powers without approval by a resolution passed by a majority vote pursuant to section 174(7) Strata Property Act (the “Act”), as this would abrogate the democratic rights of owners under the Act. Administrative law ...