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Article
An Error of Law and the Credibility of the Civil Resolution Tribunal
CanLII Connects
  • Douglas C. Harris, Allard School of Law at the University of British Columbia
  • Sophie Marshall
Faculty Author Type
Current Faculty [Douglas C. Harris]
Document Type
Response or Comment
Publication Date
4-24-2018
Subjects
  • property; strata property; condominium; administrative law; error of law; Civil Resolution Tribunal
Comments

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.

Citation Information
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>.