Difference between revisions of "Small Claims Appeals (20:XVI)"
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 12, 2022}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
== A. CRT Small Claims Decisions and Appeals == | == A. CRT Small Claims Decisions and Appeals == | ||
A party who is dissatisfied with a ruling can seek judicial review in the Supreme Court of British Columbia. The standard of review is variable because courts have struggled with the interpretation of s 58 of the Administrative Tribunals Act. As such, different standards of review apply to different types of cases. For example, the standard of review for CRT decisions on strata property matters is correctness. Generally speaking, the standard of review is correctness unless the decision relates to: | |||
* findings of fact for which the finding must either be unreasonable or made without any evidence to support it; | |||
* discretionary decisions for which the decision must be arbitrary, made in bad faith, be based entirely or predominantly on irrelevant factors, or fail to comply with a statute; or | |||
* natural justice and procedural fairness which are considered with the tribunal’s mandate in mind (Administrative Tribunals Act, SBC 2004, c 45, s 58(2)).C | |||
== B. Appealing from Small Claims Court == | == B. Appealing from Small Claims Court == |