IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

[1]         Ms. D’Acquigney seeks to appeal to this court from a decision of the Civil Resolution Tribunal (“the CRT”). The CRT decision was rendered on June 22, 2022.

[2]         Prior to June, 2022, a party to a proceeding before the CRT who wished to appeal a CRT decision was entitled to file a notice of objection in the registry of this court. If the notice of objection was filed and served within the time limited by the statute, the decision was rendered void by the statute and the parties were required to try the issue de novo in this court. However, those provisions of the Civil Resolution Tribunal Act were repealed on June 6, 2022. Since June 6, 2022, the only appellate procedure permitted by the statute is an application for judicial review. That application can be made only to the Supreme Court of British Columbia.

[3]         Ms. D’Acquigney relies upon sections 35 – 36 of the Interpretation Act. However, those sections do not support the position which she advances. In particular, sections 36(1)(b) and 36(1)(c) expressly provide that, when a procedural enactment is amended, any proceeding commenced before the amendment must be continued, so far as is practical, under the new procedure enacted by the amendment.

[4]         Accordingly, this court has no jurisdiction to adjudicate Ms. D’Aquigney’s appeal. The only appellate process open to her is a judicial review in the Supreme Court.