Land Title Practice Manual

179 Beginning Arbitration

In This Volume

  • 179 (1) A party may begin arbitration by giving the other party a Notice Beginning Arbitration in the prescribed form that describes the dispute and proposes either an arbitrator, a choice of arbitrators or a method for appointing an arbitrator.
  • (2) Within 2 weeks after receiving the Notice Beginning Arbitration, the party receiving the notice must give the party who began the arbitration a Notice of Reply in the prescribed form.
  • (3) The Notice of Reply must
  • (a) indicate agreement to one of the proposed arbitrators or the proposed method of appointing an arbitrator, or
  • (b) propose another arbitrator, choice of arbitrators or method of appointing an arbitrator.
  • (4) Within one week after receiving a Notice of Reply that proposes another arbitrator, choice of arbitrators or method of appointing an arbitrator, the party who began the arbitration must give the other party a Notice Responding to Reply in the prescribed form.
  • (5) The Notice Responding to Reply must
  • (a) indicate agreement to one of the proposed arbitrators or the proposed method of appointing an arbitrator, or
  • (b) reject the proposed arbitrator, choice of arbitrators or method of appointing an arbitrator.
  • (6) If an arbitrator, choice of arbitrators or method of appointing an arbitrator is rejected in the Notice Responding to Reply, each party has one week after that notice is given to appoint the party’s own arbitrator, and the 2 arbitrators must either
  • (a) name a third person as the sole arbitrator, or
  • (b) name a third arbitrator to act with them and to chair the panel.
  • (7) On application of a party, the Supreme Court may appoint an arbitrator if for any reason a single arbitrator or a panel of arbitrators is not appointed within 6 weeks after the Notice Beginning Arbitration is given.
  • (8) A person who is an owner, tenant or occupant in the strata corporation, or the strata manager or other employee of the strata corporation, may not be an arbitrator unless all the parties consent.
  • (9) Subject to subsection (8), any person 19 years old or older may be an arbitrator.

1998-43-179, effective July 1, 2000 (B.C. Reg. 43/2000); 2022-41-23.

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 59 (Strata Property Regulations). The forms prescribed by the Strata Property Regulation are included at chapter 60 (Strata Property Forms).

Notice Beginning Arbitration, Form L: Section 179(1)

The Strata Property Regulation prescribes Form L, Notice Beginning Arbitration, for the purpose of s. 179 of the Act.

Notice of Reply, Form M: Section 179(2)

The Strata Property Regulation prescribes Form M, Notice of Reply, for the purpose of s. 179 of the Act.

Notice Responding to Reply, Form N: Section 179(4)

The Strata Property Regulation prescribes Form N, Notice Responding to Reply, for the purpose of s. 179 of the Act.