• CASES

    Search by

Downing v. Strata Plan VR2356

Procedural History: The Appellant's claim to the Civil Resolution Tribunal (CRT) was dismissed, a decision upheld on judicial review. The Appellant appealed the dismissal of her petition for judicial review of the CRT’s decision.

Legal Arguments/Issues:

  • Trespass: The Appellant claimed the Strata trespassed by entering her unit without consent to investigate water ingress. The CRT found that the Strata had authorization from the Appellant’s real estate agent.
  • Nuisance: The Appellant alleged the Strata’s actions constituted a nuisance. The CRT dismissed this claim, noting the investigation was necessary and reasonable.
  • Negligence: The Appellant argued the Strata was negligent in their investigation and repair actions. The CRT determined the Strata acted reasonably based on professional advice.
  • Procedural Fairness: The Appellant contended she was denied procedural fairness as the CRT did not hold an oral hearing or allow cross-examination. The courts upheld that the CRT’s decision-making process was fair given the circumstances.

Outcome: The British Columbia Court of Appeal dismissed the appeal, agreeing that the CRT did not breach procedural fairness and acted within its jurisdiction.

Costs/Awards: The document did not specify the total amount of costs and/or awards in favor of the successful party, as the focus was on the dismissal of claims and procedural issues.

Katherine Costello, Executrix of the Estate of Charlotte Elizabeth Downing, deceased
Law Firm / Organization
Nied Law Corporation
Lawyer(s)

Matthew Nied

Strata Plan VR2356
Law Firm / Organization
Lesperance Mendes Lawyers
Lawyer(s)

Alex J. Chang

Civil Resolution Tribunal
Law Firm / Organization
BC Civil Resolution Tribunal
Attorney General of British Columbia
Court of Appeals for British Columbia
CA48277
Real estate
Not specified/Unspecified
Respondent