Background of the Case: David Macdonald appealed the dismissal of his application for judicial review concerning a decision by the Civil Resolution Tribunal (the "Tribunal") that dismissed his complaints against his strata corporation, The Owners EPS 522 ("the Strata").

Facts:

• Macdonald, an owner within the Strata located in Victoria, B.C., brought numerous complaints against the Strata to the Tribunal.
• The complaints were within the Tribunal's jurisdiction under the Strata Property Act and related to various governance issues within the Strata.

Issues/Main Discussion:

• The appeal centered on five main complaints dismissed by the Tribunal:
  1. A non-owner's eligibility to sit on the Strata Council.
  2. The Strata's alteration of a resolution after an owner's vote.
  3. The Strata's use of resources to influence Council elections.
  4. The Strata's failure to provide reasons for Council meeting decisions.
  5. The Strata's handling of complaints about barbecue smoke.
• Macdonald also raised procedural fairness concerns, alleging a lack of impartiality by the Tribunal.

Ruling:

• The Court of Appeal dismissed the appeal, finding the Tribunal’s decisions were not patently unreasonable nor was its process unfair.
• The Court held that the Tribunal had appropriately dismissed Macdonald’s complaints based on the evidence and the law, without any evident, unreasonable error in judgment that would warrant appellate intervention under the highly deferential standard of patent unreasonableness.
• On procedural fairness, the Court found no evidence of bias or lack of impartiality in the Tribunal's process, affirming the presumption of impartiality had not been displaced.
• No financial terms specified.