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What is a judicial review?

An application for “judicial review” is when you ask the BC Supreme Court to review if the CRT’s decision was reasonable or correct. The court can also look at if the CRT’s decision-making process was fair.

What does the court review?

Generally, a court will only overturn a CRT decision if there are serious errors or unfairness.

The Civil Resolution Tribunal Act explains how a court can review a CRT decision. The legal term for this is the “standard of review.” The standard of review depends on the type of CRT claim and the type of question being reviewed by the court.

How do I ask the BC Supreme Court for judicial review?

See the BC Supreme Court Guidebook for Judicial Review. There are filing fees. There’s also a deadline of 60 days to file after the CRT makes the decision. The BC Supreme Court can decide whether to give you more time to apply.

What happens if the court overturns a CRT decision?

The court may decide to overturn all or part of a CRT decision. The court will explain why the decision was overturned. If you aren’t successful in court, you might be ordered to pay costs.

The court may order the CRT to make a new decision about your claim. But just because the court overturned the CRT decision doesn’t necessarily mean that the new CRT decision will be in your favour.

You may want to get legal advice. The CRT can’t give legal advice, tell you whether a judicial review might be successful, or help you apply for a judicial review.