Wang v. The Owners, Strata Plan LMS 2970
Yi Wang
Law Firm / Organization
Self Represented
The Owners, Strata Plan LMS 2970
Law Firm / Organization
Unrepresented

Judgment Overview: Yi Wang appealed an order from the Supreme Court of British Columbia dated August 4, 2021. Her appeal focused solely on the issue of costs after she succeeded in her judicial review application but was ordered to bear her own costs.

Legal Arguments/Issues: Wang's original judicial review application challenged a Civil Resolution Tribunal (CRT) decision, which had dismissed her complaint regarding strata council expenditures as time-barred. On the costs issue, Wang argued that the judge erred by ordering each party to bear their own costs despite her partial success, claiming that this decision imposed cruel and unusual punishment contrary to Section 12 of the Charter. The Court of Appeal identified Wang's appeal as a limited appeal order requiring leave, which Wang did not apply for.

Court’s Analysis and Conclusion: The court determined that Wang's appeal did not meet the criteria for granting leave as it was devoid of merit and raised no significant issues. The judge had the discretion to deny costs based on Wang's ill-conceived arguments and serious but unfounded allegations. Wang's constitutional argument was dismissed as the Charter did not apply to judicial orders in civil disputes between private parties.

Decision: The Court of Appeal quashed Wang's appeal and dismissed her application for relief under the Constitutional Question Act. No costs were awarded to or against any party.

Court of Appeals for British Columbia
CA47723
Real estate
Respondent