The Owners, Strata Plan NW 2089 v. Ruby

The Owners, Strata Plan NW 2089 v. Ruby

Petitioner's legal costs were wholly unreasonable and disproportionate because strata failed to attempt reasonably available and historically used email communication with the respondent before retaining counsel; therefore none of the claimed legal costs were recoverable under s.118 SPA and the respondent is awarded $750 for the registrar's hearing.

Citation
2019 BCSC 143
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
7 February 2019
Procedural Posture
Petition Under the Strata Property Act for Enforcement of Lien and Assessment of Legal Costs / Registrar Hearing to Assess Petitioner's Reasonable Legal Costs
Outcome
Petitioner's claim for legal costs disallowed in full; respondent awarded costs of the registrar's hearing
Legal Topics
Lien Enforcement, Special Levy, Reasonable Legal Costs, Service of Notices, Proportionality, Forced Sale
Source Language
English
Strata Law Real Property Civil Procedure Costs Lien Enforcement Special Levy Reasonable Legal Costs Service of Notices +2 more

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Parties

The Owners, Strata Plan NW 2089

Petitioner

Ron Ruby

Respondent

Royal Bank of Canada

Respondent

Procedural Posture

Petition Under the Strata Property Act for Enforcement of Lien and Assessment of Legal Costs / Registrar Hearing to Assess Petitioner's Reasonable Legal Costs

Legal Issues

  1. 1 Whether the petitioner's legal costs claimed under s.118 SPA were reasonable and recoverable
  2. 2 Whether the strata complied with s.61 SPA notice requirements or was required to contact owner by email prior to retaining lawyers
  3. 3 Whether the respondent was a delinquent owner justifying immediate enforcement steps

Ratio Decidendi

Petitioner's legal costs were wholly unreasonable and disproportionate because strata failed to attempt reasonably available and historically used email communication with the respondent before retaining counsel; therefore none of the claimed legal costs were recoverable under s.118 SPA and the respondent is awarded $750 for the registrar's hearing.

Court Disposition

Petitioner's claim for legal costs disallowed in full; respondent awarded costs of the registrar's hearing

Orders

  • Legal costs claimed by the petitioner are disallowed in their entirety
  • Respondent awarded costs of the registrar's hearing assessed at $750 inclusive of disbursements