CRT Judicial Review in BC Supreme Court

You lost at the CRT and the decision feels wrong. Maybe the tribunal member ignored key evidence, misapplied a rule, or decided the case on facts that were never in dispute. Before July 2022, you could file a Notice of Objection and get a fresh hearing in Provincial Court. That option no longer exists — the Notice of Objection process was repealed. The only remaining route to challenge a CRT final decision is judicial review in the BC Supreme Court.

What Judicial Review Is (and Is Not)

Judicial review is not an appeal. The Supreme Court does not re-hear your case, weigh the evidence again, or substitute its own decision. The court can intervene if the CRT acted without jurisdiction, committed an error of procedural fairness, or reached a decision that was patently unreasonable.

Examples of review grounds include:

• The CRT acted outside its jurisdiction
• The process was procedurally unfair (you were not given a fair opportunity to present your case)
• The decision was patently unreasonable

A decision that you simply disagree with — "the CRT believed the applicant's evidence over mine" — is not automatically a ground for judicial review. The Supreme Court does not re-evaluate witness credibility.

The 60-Day Deadline

An application for judicial review must be filed within 60 calendar days from the date the CRT decision was issued.

The application is filed in the BC Supreme Court — not Provincial Court, not the CRT. This is a different court with different rules, different fees, and a different level of procedural complexity.

Cost and Complexity

Judicial review is a separate BC Supreme Court proceeding with its own filing process. The Supreme Court publishes a Judicial Review Package for self-represented litigants; you may also seek legal advice. Check the current filing fees before deciding to proceed.

Before filing, weigh the court process and any legal costs against what you are seeking to achieve. Judicial review does not guarantee that the underlying claim will be decided in your favor.

What Happens If the Supreme Court Agrees

Judicial review examines whether the CRT decision meets the review standard. It is not a fresh hearing of the underlying dispute, and the Supreme Court does not rehear evidence or re-evaluate credibility.

Do not assume that a successful judicial review means the underlying claim has been decided in your favor.

The Repealed Notice of Objection

Before July 1, 2022, a party who disagreed with a CRT decision could file a 28-day Notice of Objection under former section 56.1 of the Civil Resolution Tribunal Act. That notice nullified the CRT order and moved the dispute to Provincial Court for a completely fresh hearing.

The BC Legislature repealed this process through Bill 22. CRT decisions issued after July 1, 2022, are final and binding. Judicial review in the Supreme Court is now the only external challenge mechanism. Some online resources and legal information sites still reference the Notice of Objection — if you see that advice, check the date. It no longer applies.

Before You File

Consider whether cancellation rather than judicial review is the right path. If you lost because of a default decision (you missed the response deadline), the correct remedy is applying to the CRT to cancel the default — not judicial review. The cancellation process is simpler, cheaper, and handled within the CRT itself.

Judicial review is for decisions made after a full adjudication process where you believe the CRT member made a legal or procedural error. For defaults and missed deadlines, start with the CRT's own cancellation process.

The BC CRT Dispute Response Guide covers both the default cancellation process and the basics of judicial review so you can identify which path applies to your situation.

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