03/05/2018 – Jurisdiction British Columbia
Part 62 published on 01/06/2018
Strata Corporation seeks judicial review of certain interim decisions of the Civil Resolution Tribunal, including a decision to refuse representation by legal counsel
The strata corporation sought, and was granted, the right to seek judicial review of two interim decisions of the Civil Resolution Tribunal. The two decisions were as follows:
- A decision to deny the strata corporation’s request to be represented by legal counsel in the tribunal process which had been started by one of the owners.
- A decision to refuse a stay of the tribunal process pending the anticipated judicial review of the first decision noted above.
The Court said:
I am satisfied that, cumulatively, the petitioner’s asserted harms support a stay pending judicial review.
In particular, the fact that the dispute includes allegations of “abuse” by one or more council members weighs heavily with me. The Dispute Notice [for the CRT Dispute] seeks $25,000 in “compensation for loss of enjoyment of life, threats, abuse, stress”. In responding to the strata corporation’s request for legal representation, the respondent owners described the request as “a continuation of the intimidation” against them and said the “Strata Corporation should not be rewarded for the physical and verbal abuse they have inflicted on [the respondents] for the past 6 years”. The respondent owners assert “dishonesty and lack of acting in good faith” on the part of the strata council. A “physical attack and threat of bodily harm” is alleged against a particular strata council member. There is also reference to “dishonest statements” and “oppressive acts”.
Assertions such as these, if found to be substantiated, can carry significant reputational consequences. Even if not substantiated, the nature of the allegations made and the public determination of their validity can have material impact. It is for this reason, as noted in Dennis Thomas v. Association of New Brunswick Registered Nursing Assistants, 2003 NBCA 58 (CanLII) at para. 25, that the common law recognizes that persons whose “reputation or livelihood is at stake” are generally entitled to be represented by an agent of their choosing before an adjudicative tribunal.