Westbank homeowners lose bid for tax refund after error

Costly mistake sticks

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The Civil Resolution Tribunal, or CRT, is an online tribunal created by provincial law in B.C. to handle certain types of claims in an "accessible, affordable way," its website says.

The Civil Resolution Tribunal has rejected a reimbursement claim from two Westbank homeowners who argued that a paperwork mistake unfairly increased their property tax bill.

Donald McKenzie and Nan San Pong went to the tribunal, seeking a $2,031.50 reimbursement after an error on their 2023 homeowner grant application led to higher property taxes.

The couple had bought a home on WFN land in 2019 and used it as a rental property. They continued to live in another municipality until they moved to the WFN home May 31, 2023, Tribunal member Mark Henderson wrote in a decision.

When they applied for a homeowners grant in 2023, they put their old address rather than their WFN address on the application. Due to this error, WFN rejected the applicants’ application and they had to pay the full amount of property tax.

While the situation was not disputed, the WFN argued the tribunal lacked jurisdiction to order a refund, and the tribunal agreed, finding it had no authority to order repayment under WFN’s own property tax bylaw.

“WFN issued the tax notice in 2023, so, after Dec. 31, 2024, only a court could order WFN to refund the (grant) amount,” Tribunal member Mark Henderson wrote in a decision.

The applicants also argued WFN was negligent for failing to adequately notify them of the rejected grant, saying a phone call could have quickly resolved the mistake. While Henderson said it had jurisdiction to hear a negligence claim, it rejected that argument as well.

“The applicants had an obligation to ensure their contact information, including their address, was accurate. The applicants’ failure to ensure accurate contact information does not impose liability on WFN,” Henderson said.

Henderson added that the WFN’s duty was one of “reasonableness, not perfection.”

The tribunal found it was reasonable for WFN to send written notice to the last known address and that the applicants failed to prove WFN breached any standard of care.

Henderson also dismissed all other claims, including the request for reimbursement of tribunal fees.