Spagnuolo v. Owners, Strata Plan BCS 879

Spagnuolo v. Owners, Strata Plan BCS 879

The court held the Filing's deviation (use of 'NIL' and 'unlimited - no expiry date' instead of a calendar date) did not alter substance nor was it calculated to mislead and thus s.28(1) of the Interpretation Act validates the Rental Disclosure Statement; Abbas was found unpersuasive and not binding; accordingly the petitioners, as first purchasers from the developer, are entitled to the benefit of the valid Rental Disclosure Statement and rental bylaws will not apply until conveyance; petitioners did not establish 'significant unfairness' but were awarded declaratory relief and costs under applicable strata statutes.

Citation
2009 BCSC 1733
Parties
Petitioner: Cosimo Spagnuolo; Petitioner: Terri Norma Spagnuolo; Petitioner: Margaret Atnikov; Petitioner: T.C. Cooter & Associates Ltd.; Petitioner: John Jeffs; Petitioner: Ronald Jeffs; Petitioner: Becky Lou Jeffs; Petitioner: Rachael Therese McErlean; Petitioner: Therese Ellen McErlean; Petitioner: Michael Edward Brown; Petitioner: Kap Yong Park; Petitioner: Christopher Patrick Dickey; Petitioner: Jeremy Ford; Petitioner: Denis Medanic; Petitioner: Andrea Kloegman; Petitioner: Ali Reza Pourzad-Boushehri; Petitioner: Lily Souresrafil; Petitioner: Tony Kovacevic; Petitioner: Lynn Carol Maingot; Petitioner: Richard Anthony Philip Maingot; Petitioner: Davoud Aghvami; Petitioner: Mansoureh Aghvami; Petitioner: Ahmad Farrokh Siavash Soofi; Respondent: The Owners, Strata Plan BCS 879
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 December 2009
Procedural Posture
Petition Under the Strata Property Act / Final Judgment
Outcome
Petition granted in part: declaration that the Rental Disclosure Statement dated October 31, 2002 is valid; petitioners entitled to benefit of that statement as first purchasers; petitioners awarded costs at Scale B; no finding of significant unfairness requiring other relief.
Legal Topics
Rental Disclosure Statement, Rental Bylaws, Significant Unfairness, Statutory Interpretation, Disclosure Requirements
Source Language
English
Strata Law Property Law Administrative Law Rental Disclosure Statement Rental Bylaws Significant Unfairness Statutory Interpretation Disclosure Requirements

Case Brief

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Parties

Cosimo Spagnuolo

Petitioner

Terri Norma Spagnuolo

Petitioner

Margaret Atnikov

Petitioner

T.C. Cooter & Associates Ltd.

Petitioner

John Jeffs

Petitioner

Ronald Jeffs

Petitioner

Becky Lou Jeffs

Petitioner

Rachael Therese McErlean

Petitioner

Therese Ellen McErlean

Petitioner

Michael Edward Brown

Petitioner

Kap Yong Park

Petitioner

Christopher Patrick Dickey

Petitioner

Jeremy Ford

Petitioner

Denis Medanic

Petitioner

Andrea Kloegman

Petitioner

Ali Reza Pourzad-Boushehri

Petitioner

Lily Souresrafil

Petitioner

Tony Kovacevic

Petitioner

Lynn Carol Maingot

Petitioner

Richard Anthony Philip Maingot

Petitioner

Davoud Aghvami

Petitioner

Mansoureh Aghvami

Petitioner

Ahmad Farrokh Siavash Soofi

Petitioner

The Owners, Strata Plan BCS 879

Respondent

Procedural Posture

Petition Under the Strata Property Act / Final Judgment

Legal Issues

  1. 1 Whether the Rental Disclosure Statement filed October 31, 2002 is valid despite not specifying a calendar expiry date
  2. 2 Whether the Strata Corporation's refusal to permit petitioners to rely on the Rental Disclosure Statement constitutes a 'significantly unfair' action under s.164 of the Strata Property Act
  3. 3 Whether Abbas v. Owners, Strata Plan LMS 1921 is binding on this court and dispositive of validity

Ratio Decidendi

The court held the Filing's deviation (use of 'NIL' and 'unlimited - no expiry date' instead of a calendar date) did not alter substance nor was it calculated to mislead and thus s.28(1) of the Interpretation Act validates the Rental Disclosure Statement; Abbas was found unpersuasive and not binding; accordingly the petitioners, as first purchasers from the developer, are entitled to the benefit of the valid Rental Disclosure Statement and rental bylaws will not apply until conveyance; petitioners did not establish 'significant unfairness' but were awarded declaratory relief and costs under applicable strata statutes.

Court Disposition

Petition granted in part: declaration that the Rental Disclosure Statement dated October 31, 2002 is valid; petitioners entitled to benefit of that statement as first purchasers; petitioners awarded costs at Scale B; no finding of significant unfairness requiring other relief.

Orders

  • Declaration that the Rental Disclosure Statement filed by Bosa Development Corporation dated October 31, 2002 in respect of Strata Plan BCS 879 is valid
  • Petitioners, as first purchasers from Bosa, may continue to rent their strata lots and are exempt from rental bylaws under s.143 until conveyance by the first purchaser or disclosed expiry (as applicable)