09/19/2018 – Jurisdiction British Columbia
Part 64 published on 12/01/2018
Court dismisses Application for Judicial Review. Strata Corporation not entitled to legal representation before Civil Resolution Tribunal
In a dispute (about a particular repair and maintenance issue) before the Civil Resolution Tribunal (CRT), the CRT denied the strata corporation’s request to be represented by legal counsel in the CRT process. The strata corporation had an insurance policy that included coverage for legal defence costs, and also felt that the issues in the case justified involvement of legal counsel. The strata corporation was granted leave to seek judicial review of the CRT’s denial. [See Condo Cases Across Canada, Part 62, June 2018.]
The Court dismissed the judicial review application. The Court said:
(Section 39 of the CRT Act) sets the CRT apart from many tribunals whose proceedings at some point involve a hearing with examination and cross-examination of witnesses and oral submissions. That is the setting where active participation of counsel may be essential, but the legislation makes clear that is to be an exceptional CRT proceeding.
As the Chair pointed out, there is nothing to stop the Strata Corporation from relying on counsel to prepare the submissions and other materials that it submits to the CRT. Even if the CRT did not recognize a party’s right to such assistance, there is probably nothing it could do to prevent it.
I am, therefore, not persuaded that the interim CRT decision will deprive the Strata Corporation of counsel’s assistance or the benefits of its insurance policy in any significant way. The situation may become different if the CRT decides this is one of the exceptional cases where an oral hearing, including cross-examination of witnesses, is required. That is not the situation now before the court.