The Owners, Strata Plan NW 2089 v. Ruby

The Owners, Strata Plan NW 2089 v. Ruby

Registrar Nielsen's decision was set aside because he erred in principle by re‑litigating entitlement to costs (including assessing the reasonableness of involving counsel and communications methods) rather than limiting his assessment to the quantum of legal costs ordered by Master Vos under s.118 SPA; the matter is remitted to a registrar to assess the petitioner's reasonable legal costs and the petitioner is awarded costs of this appeal.

Citation
2019 BCSC 504
Parties
Petitioner: The Owners, Strata Plan NW 2089; Respondent: Ron Ruby; Respondent: Royal Bank of Canada
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2019
Procedural Posture
Strata Lien Enforcement and Costs Assessment / Appeal From Registrar's Costs Assessment
Outcome
Appeal allowed in part; Registrar Nielsen's decision set aside; matter remitted for reassessment of costs; petitioner awarded costs of the appeal
Legal Topics
Strata Property Act S.118, Assessment of Costs, Registrar Review, Entitlement to Costs, Reasonable Legal Costs
Source Language
English
Strata Law Civil Procedure Costs Strata Property Act S.118 Assessment of Costs Registrar Review Entitlement to Costs Reasonable Legal Costs

Case Brief

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Parties

The Owners, Strata Plan NW 2089

Petitioner

Ron Ruby

Respondent

Royal Bank of Canada

Respondent

Procedural Posture

Strata Lien Enforcement and Costs Assessment / Appeal From Registrar's Costs Assessment

Legal Issues

  1. 1 Whether Registrar Nielsen erred in principle by addressing entitlement to costs rather than assessing quantum
  2. 2 Whether Registrar Nielsen had jurisdiction to revisit Master Vos' award of costs
  3. 3 Whether 'reasonable legal costs' under s.118 SPA includes actual legal fees recoverable by strata

Ratio Decidendi

Registrar Nielsen's decision was set aside because he erred in principle by re‑litigating entitlement to costs (including assessing the reasonableness of involving counsel and communications methods) rather than limiting his assessment to the quantum of legal costs ordered by Master Vos under s.118 SPA; the matter is remitted to a registrar to assess the petitioner's reasonable legal costs and the petitioner is awarded costs of this appeal.

Court Disposition

Appeal allowed in part; Registrar Nielsen's decision set aside; matter remitted for reassessment of costs; petitioner awarded costs of the appeal

Orders

  • The February 7, 2019 decision of Registrar Nielsen is set aside
  • The matter is referred back to a registrar of the Supreme Court to have the petitioner's reasonable legal costs assessed