When is contractual interpretation to be treated as a question of mixed fact and law and when should it be treated as a question of law? This is the question posed by Rothstein J. writing for the Court in Sattva Capital Corp v. Creston Moly Corporation, 2014 SCC 53. The Supreme Court of Canada will face this question once again when it hears the appeal from the British Columbia Court of Appeal’s decision in Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (leave granted February 18, 2016).
In 2012, the Civil Resolution Tribunal Act (“Act”) was passed with the objective of using technology and alternative dispute resolution methods to increase access to justice for people with strata property and small claims disputes. The creation of the Civil Resolution Tribunal (“CRT”) was in response to concerns raised surrounding the timely access to justice and the costs associated with arbitration and court proceedings.