Does the Court of Appeal have jurisdiction to make a declaration or declaratory order?
British Columbia, Canada
The following excerpt is from Paulson v. The Owners, Strata Plan LMS 1384, 2021 BCCRT 1094 (CanLII):
22. In effect, the Paulsons seek an order declaring that the strata council’s previous decision, no longer in effect, was wrong. I find this amounts in substance to declaratory order, which the CRT generally does not have jurisdiction to make: see Fisher v. The Owners, Strata Plan VR 1420, 2019 BCCRT 1379. I also find that a declaration in this case would not have any practical effect on the parties’ rights moving forward.
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