BC Court Of Appeal Splits on Civil Resolution Tribunal Constitutionality
Just over a year ago the BC Supreme Court struck down various laws giving the Provincial Civil Resolution Tribunal jurisdiction over certain collision claims as unconstitutional.
Today the BC Court of Appeal overturned the judgment but in doing so the highest court in the province was split.
The majority found that the law was in bounds and granted the Government’s appeal. Madam Justice Bennett issued dissenting reasons finding that the Province was undermining the uniformity and unity of the Canadian judicial system. Given the split there is a good chance all the legal dust over the fate of this questionable law will not settle until the Supreme Court of Canada weighs in. Time will tell if the appeal is headed there.
The full reasons can be found here (TLABC v. British Columbia) with the Court publishing the following headnote summarizing the majority and dissenting opinions: