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The Court of Appeal held that s. 174(7) of the Strata Property Act does not let a court bypass statutory voting requirements for bylaws, expense formulas, or plan amendments.
The court found repeated quiet-hours noise bylaw breaches in a strata building and granted tailored injunctions, but refused removal of a hot tub and air-conditioning units.
The court held that repeated strata bylaw breaches and harassment justified an involuntary sale order, with ancillary injunction and sale-management terms.
The court upheld a shared facilities easement between strata corporations, rejected arguments of invalidity and fiduciary breach, and granted an injunction against interference.
The court held that circumstantial and documentary evidence showed a Residential Section had been formed under the Condominium Act before May 1, 1990.
Summary trial application dismissed in a leaky condo dispute because the court found it would be unjust to decide Swiftsure’s liability on the affidavit record alone.
The court held the receiver manager validly retained a property manager and properly paid related strata expenses, ordering most trust funds paid to the receiver manager.
The court held that strata by-laws barred residents from parking in visitor stalls and found no oppression or unfair prejudice in enforcing the parking rules.
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