Does the CRT have the power to decide the format of a hearing?

British Columbia, Canada


The following excerpt is from Stubbert v. The Owners, Strata Plan KAS 2750, 2021 BCCRT 564 (CanLII):

7. The CRT has discretion to decide the format of the hearing, including in writing, by telephone, videoconferencing, or a combination of these. In some respects, this dispute amounts to a “they said, they said” scenario. Credibility of witnesses, particularly where there is conflict, cannot be determined solely by the test of personal demeanour in a courtroom or tribunal proceeding. In Yas v. Pope, 2018 BCSC 282, at paragraphs 32 to 38, the court recognized that oral hearings are not necessarily required where credibility is in issue. Further, bearing in mind the tribunal’s mandate, which includes proportionality and a speedy resolution of disputes, I find that I am properly able to assess and weigh the evidence before me without an oral hearing.

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