Canada Case Law

Valley's Edge Park Ltd. v. Holden

Court

Supreme Court of British Columbia

Clause 5.13 of the Statutory Building Scheme does not clearly and unequivocally entitle the administrator to solicitor-client or full indemnity costs in the circumstances of this case because the clause, properly interpreted, contemplates costs tied to physical work to cure a breach and payment is triggered by delivery of an invoice; accordingly full indemnity costs are refused and the petitioner is awarded party-and-party costs on Scale B.

Source excerpt

• Statutory building scheme
• Contractual indemnity for legal fees
• Solicitor-client vs party-and-party costs
• Injunction
• Equitable damages
• Contract interpretation

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Li v. The Owners, Strata Plan BCS 2884

Court

British Columbia Court of Appeal

The application for increased costs was dismissed because assessing costs under the ordinary tariff would not create an unjust result: the appellants' challenge had arguable merit, there were no adverse findings about their conduct or strategy, the abandonment of one ground was properly explained, and the disparity between actual fees and tariff recovery alone did not justify increased costs; Scale B assessment is appropriate.

Source excerpt

• Special levy
• Increased costs
• Assessment of costs
• Rule 70 court of appeal rules
• Statutory petitions under strata property act

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The Owners, Strata Plan BCS 3495 v. The Owners, Strata Plan BCS 3495 (Residential Section)

Court

British Columbia Court of Appeal

The applications for leave to appeal were dismissed: the directions to adjourn did not determine procedural or substantive rights and were therefore largely non‑appealable; even if appealable, leave would be refused because the chambers judge acted within his broad discretion, the applicant's grounds lacked merit and were frivolous (including unsupported bias claims), an appeal would unduly delay the underlying petition, and this Court lacked jurisdiction to decide an application that was not substantively determined by the court below.

Source excerpt

• Adjournment
• Leave to appeal
• Mootness
• Reasonable apprehension of bias
• Case management
• Stay pending appeal

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The Owners, Strata Plan EPS 7076 v. 1186856 B.C. Ltd.

Court

Supreme Court of British Columbia

The court held the strata corporation could recover reasonable legal costs under s. 118 of the SPA, but only up to payment of the arrears and discharge of the lien.

• Lien registration
• Recovery of legal costs
• Statutory interpretation of s.118 spa
• Entitlement v. quantum
• Assessment under rule 18-1
• Strata-property-act

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Owners of Strata Plan NW 2301 v. Owners of Strata Plan NW 2364

Court

British Columbia Court of Appeal

Appeal dismissed. The Court of Appeal upheld an amended order adding liberty to apply for further remedial orders arising from a prior liability finding.

• Covenant under land title act
• Post-incorporation contract
• Amendment of entered order
• Liberty to apply for further orders
• Functus officio
• Remedial quantification

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The Owners, Strata Plan VR 1364 v. The Owners, Strata Plan VR 2027

Court

Supreme Court of British Columbia

The court held that a strata easement for parking and access did not give the dominant owner exclusive use of the shared parking area.

• Easement interpretation
• Exclusive use
• Access rights
• Costs
• Easement-interpretation
• Exclusive-use

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Yeung v. The Owners, Strata Plan EPS 1831

Court

Supreme Court of British Columbia

The court dismissed Ms. Yeung’s civil claim, finding her strata dispute fell within the Civil Resolution Tribunal’s jurisdiction and should be decided there.

• Jurisdiction
• Stay or dismissal
• Civil resolution tribunal
• Strata bylaws
• Costs
• Strata-law

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Rabinowitz v. The Owners, Strata Plan BCS 183

Court

Supreme Court of British Columbia

The court allowed a chambers appeal and added CMI Concierge & Security Inc. as a defendant in a slip-and-fall action, despite expiry of the limitation period.

• Joinder of parties
• Amendment of pleadings
• Limitation periods
• Prejudice from delay
• Adjournment
• Costs

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Peterson Investment Group Inc. v. 1076255 B.C. Ltd.

Court

Supreme Court of British Columbia

The court held that remaining strata sale holdback funds were debtor property in receivership and that National Bank and Peterson’s PPSA security ranked ahead of Urban One’s lien claim.

• Receivership
• Builders' liens
• Strata holdback
• Priority dispute
• Ppsa priority
• Builders-liens

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Section 2 of the Owners, Strata Plan LMS 257 v. The Owners, Strata Plan LMS 257

Court

Supreme Court of British Columbia

The court held catwalk repair costs related solely to the residential section, so the commercial section was not required to contribute to the special levies.

• Sections (part 11)
• Special levies (s.108)
• Allocation of common expenses (s.195)
• Repair and maintenance of common property (s.72)
• Significant unfairness (s.164)
• Jurisdictional choice crt v. court (crta ss.16.1-16.3)

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