Wilfert v. Ward

Wilfert v. Ward

The Strata Property Act and its regulations apply; the apartment remediation costs are not operating fund expenses and Regulation 6.4(2) does not apply; because the strata corporation has not created sections under s.191 et seq identifying types with separate operating and contingency funds, all owners of Strata Plan VIS 1650 must contribute proportionally by unit entitlement to the cost of repair and remediation of the apartment building envelope.

Citation
2004 BCSC 289
Parties
Petitioners: Lorna Wilfert, Evelyn Forrest, Nancy Paiva, et al; Respondents: Tatianna Ward, Therese Brend-Elston, et al
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2004
Procedural Posture
Strata Property Declaration Petition Under Strata Property Act / Hearing and Reasons for Judgment (petition)
Outcome
Declaration granted that all owners of strata lots in Strata Plan VIS 1650 must contribute proportionally to the cost of repair and remediation of the apartment building envelope.
Legal Topics
Contribution to Common Expenses, Transition of Legislation, Operating Fund Vs Contingency Reserve Fund, Creation of Sections Under Strata Property Act, Remediation of Building Envelope
Source Language
English
Strata Property Law Property Law Statutory Interpretation Contribution to Common Expenses Transition of Legislation Operating Fund Vs Contingency Reserve Fund Creation of Sections Under Strata Property Act Remediation of Building Envelope

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lorna Wilfert, Evelyn Forrest, Nancy Paiva, et al

Petitioners

Tatianna Ward, Therese Brend-Elston, et al

Respondents

Procedural Posture

Strata Property Declaration Petition Under Strata Property Act / Hearing and Reasons for Judgment (petition)

Legal Issues

  1. 1 Whether townhouse owners must contribute to remediation costs for the apartment building
  2. 2 Whether rights under Condominium Act s.128 survived the transition to the Strata Property Act
  3. 3 Whether the remediation costs qualify as operating fund expenses under Strata Property Regulation 6.4(2) or instead fall outside and must be shared by all owners

Ratio Decidendi

The Strata Property Act and its regulations apply; the apartment remediation costs are not operating fund expenses and Regulation 6.4(2) does not apply; because the strata corporation has not created sections under s.191 et seq identifying types with separate operating and contingency funds, all owners of Strata Plan VIS 1650 must contribute proportionally by unit entitlement to the cost of repair and remediation of the apartment building envelope.

Court Disposition

Declaration granted that all owners of strata lots in Strata Plan VIS 1650 must contribute proportionally to the cost of repair and remediation of the apartment building envelope.

Orders

  • Declaration that all owners of strata lots in Strata Plan VIS 1650 are required to contribute in proportion to unit entitlement to the cost of repair and remediation of the apartment style building envelope.