Canada Case Law

The Owners, Strata Plan EPS 6871 v. Amadon Westwater Projects Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion under Rule 6-2(7)(c) to add the individual original purchasers as plaintiffs because a real triable issue existed between those purchasers and the defendants relating to the relief and subject matter, adding them was just and convenient, there was no undue prejudice or deliberate misconduct sufficient to nullify the proceeding, and the defects were curable; accordingly the defendants' application to strike the entire claim was dismissed (except Axis by consent) and the claim against Tenfold was not struck pending trial.

Source excerpt

• Standing
• Representative proceedings
• Adding parties
• Striking pleadings
• Misrepresentation
• Breach of contract

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Tafti v. Davis

Court

Supreme Court of British Columbia

The court assessed the defendants’ costs and disbursements after a lengthy strata dispute trial, applying Scale B tariff units, double costs, and taxing expert and litigation expenses.

• Costs assessment
• Party and party costs
• Appendix b tariff
• Double costs order
• Disbursements
• Examinations for discovery

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Valley's Edge Park Ltd. v. Holden

Court

Supreme Court of British Columbia

The court awarded $5,000 in equitable damages for an unapproved deck built in breach of a statutory building scheme, refusing to revisit its prior denial of an injunction.

• Statutory building scheme
• Equitable damages (wrotham park)
• Restrictive covenants
• Administrator enforcement powers
• Equitable-damages
• Restrictive-covenants

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Ironwood Owners Enterprises Ltd. v. Elliots World, LLC

Court

Supreme Court of British Columbia

The court granted partition sale orders for two Whistler strata lots under s. 6 of the PPA, while leaving disputed Direct Lease claims to be resolved in a separate action.

• Partition
• Order for sale under s.6 ppa
• Timeshare/sublease arrangements
• Standing to seek partition
• Standing
• Strata-condominium-law

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Newgen McCallum Limited Partnership v. McCallum Professional Limited Partnership

Court

Supreme Court of British Columbia

The court construed a $100,000 holdback tied to garage water-ingress repairs, found the purchaser acted reasonably in withholding release, and ordered the holdback paid to the defendants.

• Holdback interpretation
• Duty of good faith and contractual discretion
• Strata special levies and reimbursement
• Water ingress/building envelope defects
• Remedies and restitution
• Contract-interpretation

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Ackert v. At Nature’s Door Owners’ Association

Court

Supreme Court of British Columbia

The court partly granted summary judgment in a strata time-share dispute, dismissing most declaratory and possession claims, but allowing restitution-related claims to continue in part.

• Time share
• Lease v licence
• Sublease
• Restitution/unjust enrichment
• Limitation periods
• Laches

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0980131 B.C. Ltd. v. The Owners, Strata Plan KAS2615

Court

Supreme Court of British Columbia

The court dismissed a summary trial application for a declared easement over strata property, holding the covenant was not enforceable by the plaintiffs and proprietary estoppel failed.

• Easement
• Proprietary estoppel
• Privity of contract
• Third-party beneficiary
• Positive covenants
• Easements

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Rodrigues v. Tribe

Court

Supreme Court of British Columbia

The court struck out a prolix and unintelligible notice of civil claim against four defendants, finding no reasonable cause of action and no basis to amend.

• Strike out
• Pleadings
• Abuse of process
• Mortgages
• Water damage
• Costs

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Birchall v. The Owners, Strata Plan BCS61

Court

Supreme Court of British Columbia

Court dismissed most discovery requests in a strata dispute, granted two narrow production/answer orders, and awarded costs to the defendant.

• Discovery and document production
• Privilege (litigation and mediation)
• Credibility and scope of cross-examination
• Confidentiality of mediation
• Orders compelling production
• Discovery-and-document-production

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Strata Plan BCS 1165 v. National Home Warranty Group Inc.

Court

Supreme Court of British Columbia

The court granted joinder of most proposed defendants in a leaky-condo action, finding the pleading sufficient and limitation issues not decisive on the motion.

• Joinder
• Limitation period/postponement
• Sufficiency of pleadings
• Vicarious liability
• Building envelope defects
• Leaky condo litigation

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