Downing v. Strata Plan VR2356
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
Civil Resolution Tribunal
Attorney General of British Columbia

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.

Court of Appeals for British Columbia
CA48277
Real estate
Respondent