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Strata Alert: Court Clarifies Standards For Challenging Civil Resolution Tribunal Decisions (BC)

/ Owner - February 28, 2018

The Supreme Court of BC has set a relatively high threshold for appealing the numerous decisions that the Civil Resolution Tribunal (CRT) is now speedily releasing.  Appeals must be filed within 28 days of receiving the CRT’s decision.  Section 56.5 of the CRT Act provides that CRT decisions involving strata matters may be appealed to the Supreme Court on questions of law. However, the court clarified in McKnight v Bourque that an appeal can be brought on “questions that are predominantly, if not exclusively, issues of law.” This gives some limited room to appeal evidentiary findings. However, the court in McKnight v Bourque did not grant leave to appeal on any grounds related to the evidentiary foundation of certain findings by the CRT.    Read the article…………………

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