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Although I refer to this as the “new” Tribunal, it has not yet come into existence. We expect it to be

operational in early 2014. It should, if it works as it is intended, have a huge effect on the relationship of

owners with their strata councils and property managers.

Currently, if an owner wishes to take legal action because he or she feels that he or she is being unfairly

treated by council, which often takes the form of recurring fines, and penalties and interest, being assessed

against the owner’s unit in response to some complaint from another owner or owners, that legal case can

only be heard in the BC Supreme Court. That level of court is more formal than the Provincial Court Small

Claims Division and also more expensive, involving lengthier delays to get to a decision. It usually also

requires the assistance of a lawyer.

Most owners, even though seriously upset with the actions of their council, are reluctant to sue because of

the high cost involved. Consequently, strata councils and their advising property managers, frequently get

away with misinterpretation of the Strata Property Act and even their own strata by-laws, misapplication of

those by-laws and basically, a flawed process that amounts to a lack of fairness and natural justice.

The Civil Resolution Tribunal Act gives the Tribunal the authority to handle unfair actions by the strata

corporation or by people owning more than half of the strata lots in a complex (with the accompanying

majority of votes). Uneven, arbitrary or non-enforcement of strata bylaws will also be dealt with by the

Tribunal.

The advantage for owners of this new Tribunal is that its services are designed to encourage early

resolution of disputes at no cost. If early resolution through the self-help on-line process is not possible,

there are a progression of next steps including on-line party to party negotiations, case management and

facilitated settlement discussions, mediation, and finally, adjudication, which will involve a decision made

by a third party that will be binding on the parties. The strata corporation does not have a choice; it must

participate in the process provided by the Tribunal.

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Individuals can access the Tribunal’s services easily and without the need for a lawyer. With the creation of

the Tribunal, it would appear that the shoe is now on the other foot. Whether this increases the number of

complaints that a strata corporation will have to address, in an external setting, remains to be seen. Strata

councils and property managers would, however, be well advised to prepare for that likelihood by

reviewing and improving their practices and processes in relation to how they deal with owners and alleged

by-law or rule infractions.

For more information about the Civil Resolution Tribunal, the BC government has provided useful material

on its website at http://www.ag.gov.bc.ca/legislation/civil-resolution-tribunal-act/index.htm.

Contact us for more information about the Civil Resolution Tribunal.

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