42 O C T O B E R 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m
a way that they are obviously the sub-
missions of a lawyer.
The downside of the CRT, as Chang
sees it, is that there is a potential for
decisions to be made by the CRT that
do not result from "the fulsome submis-
sions" from lawyers that have practised
in this area and who know the law.
"There's a potential for owners or
council members to be in a facilitation/
mediation phase and to enter into set-
tlement agreements that just don't make
any sense," says Chang, who surmises
that there may be some strata decisions
from the CRT that will be subject to
judicial review as a result.
Also, Chang says, unlike small
claims, which have a monetary limit of
$5,000, strata claims can involve signifi-
cant amounts of money. A strata coun-
cil member may have no experience in
legal matters, and not being permitted
to be represented by a lawyer in front of
the CRT may place an onerous burden
on them.
In one recent CRT decision (Booth et
al v. The Owners, Strata Plan NW2575),
he notes, the CRT ruled against a strata
corporation that had insurance defence
coverage for a claim, including legal
representation as an insurance ben-
efit, being allowed to have the lawyer
appointed by their insurer represent
them in the claim. "In the case of insur-
ance defence counsel defending strata
corporations, it's problematic," says
Chang, "because what they're insured
THERE'S A POTENTIAL FOR [CONDO]
OWNERS OR COUNCIL MEMBERS TO BE IN
A FACILITATION/MEDIATION PHASE AND TO
ENTER INTO SETTLEMENT AGREEMENTS
THAT JUST DON'T MAKE ANY SENSE.
ALEX CHANG, LESPERANCE MENDES LAWYERS
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