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Strata property act 2025 BCSC 111

Tran v. The Owners, Strata Plan EPS 5568

The court granted limited document disclosure and narrow interrogatories in a strata property petition, but refused an affidavit of documents and reserved costs.

  • Pre-trial discovery
  • Scope of disclosure under spa ss.35-36
  • Triable issue threshold
  • Interrogatories
  • Affidavit of documents
  • Privilege
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Strata property act 2024 BCSC 2232

The Owners, Strata Plan VIS 1210 v. Ngai Estate

BCSC summary trial on strata owner-developer duties. Court retained jurisdiction, found the first AGM was valid, awarded limited monetary relief, and dismissed several other claims.

  • Crt jurisdiction
  • First agm
  • Interim budget
  • Contingency reserve fund
  • Statutory penalties
  • Summary trial suitability
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Property law 2017 BCSC 1346

The Owners, Strata Plan NWS 3457 v. The Owners, Strata Plan LMS 1425

The court held a positive payment obligation in a recreational facilities easement was not enforceable against a successor strata corporation, and dismissed the claim.

  • Positive covenants
  • Running with the land
  • Pre-incorporation contract
  • Section 219 covenant
  • Enforceability against successors
  • Surrender of easement
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Arbitration 2013 BCSC 1708

The Owners, Strata Plan BCS 3165 v. 1100 Georgia Partnership

The court refused to revoke the arbitrator or stay the arbitration, and stayed the Supreme Court action in full pending the arbitration’s completion.

  • Stay of proceedings
  • Arbitrability
  • Scope of arbitration clause
  • Revocation of arbitrator
  • Severance of claims
  • Misrepresentation
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Strata property act 2013 BCSC 487

The Owners Strata Plan LMS 2768 v. Jordison

The court found the respondents in contempt for breaching a strata injunction and ordered the immediate sale of the unit, vacant possession within 30 days, and special costs.

  • Breach of injunction
  • Contempt of court
  • Interpretation of s.173
  • Order for sale
  • Vacant possession
  • Contempt-of-court
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Strata property act 2011 BCSC 570

Dollan v. Strata Plan BCS 1589

The court held that the strata corporation’s refusal to allow replacement of a spandrel window with vision glass was significantly unfair and granted the petition.

  • Significant unfairness s.164
  • Change in use of common property s.71
  • Common property alterations
  • Privacy versus view conflict
  • Remedies under s.164 and s.165
  • Significant-unfairness
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Builders lien act 2010 BCSC 1601

W Redevelopment Group, Inc. v. Allan Window Technologies Inc.

BCSC lien case on certificate compliance, limitation periods, duplicate liens, and security. Two liens were extinguished; other liens were secured or cancelled on terms.

  • Certificate of completion compliance
  • Statutory time limits for filing liens
  • Security for lien discharge
  • Duplicative liens
  • Misregistered liens
  • Statutory interpretation of s.90 spa
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Limitation act 2010 BCCA 74

The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight

The Court of Appeal held that a strata corporation’s suit was not statute-barred because mandatory approval under the Strata Property Act postponed the limitation period for at least one day.

  • Limitation period
  • Postponement under s.6(4)(b)
  • Statutory impediment
  • Retroactive amendment
  • Representative actions
  • Corporate governance
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Strata property act 2010 BCSC 453

Yang v. The Owners, Strata Plan LMS 4084

The court dismissed most of a strata owner’s petition challenging expense allocations, meeting procedures, and manager conduct, but granted limited relief under s. 167.

  • Significant unfairness
  • Allocation of common expenses
  • Sections within strata corporations
  • Bylaw amendments
  • Records disclosure
  • Property manager conduct
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Strata property act 2008 BCSC 316

Owners v. Lark Odyssey Project Ltd.

The court dismissed a developer’s bid to strike a strata corporation’s pleadings in a leaky condo dispute, finding arguable standing and triable issues.

  • Standing of strata corporation
  • Certificate of pending litigation
  • Constructive trust
  • Statutory remedies for phased strata developments
  • Rule 19(24) strike test
  • Summary dismissal thresholds (rules 18a and 18(6))
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.