British Columbia

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British Columbia

Jurisdiction:

East Barriere Resort Limited v. The Owners Strata Plan KAS1819 (British Columbia Supreme Court)

Court determines that the strata lots are “residential”; that the strata corporation cannot grant licenses of the boat slips for a period in excess of one year; and that the strata corporation cannot control activity outside the strata property
Jurisdiction:

The Owners, Strata Plan BCS3648 v. Podwinski (British Columbia Supreme Court) August 24, 2016

Unpaid fines are not strata fees
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Barrett v. The Owners, Strata Plan LMS 3265 (British Columbia Supreme Court)

Court orders that schedule of unit entitlements be amended to include finished basements and finished lofts in calculation of habitable areas
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Mathews v. The Owners, Strata Plan VR 90 (British Columbia Court of Appeal)

Appeal dismissed. Strata corporation entitled to refuse rental request
Jurisdiction:

The Owners, Strata Plan VR360 v. Jauhar (British Columbia Small Claims Court) July 26, 2016

Owner responsible for deductible in relation to water escape damage
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Frank v. The Owners Strata Plan LMS 355 (British Columbia Supreme Court)

Installation of roof deck railings was a repair, not a change
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Dandurand v. Strata Plan KAS 3558 (B.C. Human Rights Tribunal)

Human Rights Tribunal refuses to dismiss complaint. Smoker might have a right to smoke, because of a disability
Jurisdiction:

The Owners Strata Plan NW 1245 v. Linden (B.C. Supreme Court) April 8, 2016

Residents ordered to comply with by-laws and to pay fines
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Norenger Development (Canada) Inc. v. The Owners, Strata Plan NW 3271 (B.C. Court of Appeal)

Order appointing administrator generally cannot avoid voting rights of owners
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The Owners, Strata Plan NW 1859 v. Tan (B.C. Small Claims Court)

Owner responsible for water damage to another unit. However, no recovery of legal costs in Small Claims Court
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Beckett and Kuan v. The Owners, Strata Plan NW 2603 (B.C. Humans Rights Tribunal)

Human Rights Tribunal dismisses claim for discrimination in relation to second-hand smoke. However, retaliatory fines declared invalid
Jurisdiction:

Terry v. The Owners, Strata Plan NW 309 (B.C. Supreme Court)

Court orders discharge of strata corporation lien because face amount of lien too high