Canada Case Law

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 VR 195

Court

Supreme Court of British Columbia

The court approved a $3.4 million strata special levy for major parkade repairs, finding the work necessary to prevent damage and safe, despite dissenting owners’ objections.

• Special levy
• Section 173 strata property act
• Necessity of repairs
• Conflict of interest
• Costs
• Strata-property-law

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0899148 B.C. Ltd. v. Ching

Court

Supreme Court of British Columbia

Cross petitions over strata governance, records, repairs, special levy and access were decided in favour of Mr. Ching in part, with an administrator appointed.

• Standing
• Special levy
• Appointment of administrator
• Compliance with strata property act
• Production of records
• Access to common property

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Murphy v. The Owners, Strata Plan VR 1291

Court

Supreme Court of British Columbia

The court dismissed competing petitions for approval of a $60.3 million strata special levy, finding the proposed building envelope project was not shown to be necessary.

• Special levy
• Building envelope renewal
• Necessity standard
• Court approval of resolution
• S.173
• S.165

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The Owners, Strata Plan BCS 2884

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia approved a strata corporation’s special levy for building envelope repairs, finding the work necessary to address safety and damage risks.

• Special levy
• Strata property act s.173
• Building envelope repairs
• Judicial deference to strata council
• Exercise of judicial discretion
• Payment schedule amendment

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Wight v. Strata Plan VR 123

Court

Supreme Court of British Columbia

The court ordered full replacement of a leaking parkade membrane, authorized a special levy up to $2.1 million, and dismissed a cross-application.

• Special levy
• Repair and maintenance of common property
• Jurisdiction (crt vs court)
• Costs (special costs vs party and party)
• Tadeson orders
• Strata-law

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The Owners, Strata Plan 259 v. Doe

Court

Supreme Court of British Columbia

Court approved a strata special levy for sliding-door replacement under s. 173 of the Strata Property Act, finding the repair necessary and the vote sufficient.

• Special levy
• Common property repair
• Strata property act s.173
• S.108 special levy threshold
• Judicial deference to strata council
• Good faith and procedural fairness

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The Owners, Strata Plan VR 778

Court

Supreme Court of British Columbia

Costs reasons in a strata foreclosure-style petition: the successful respondent was awarded fixed costs, and his request to avoid contributing to the strata’s legal fees was largely refused.

• Special levy
• Section 173 spa petition
• Costs assessment and fixing
• Owner contributions to strata legal fees
• Section 164 unfair conduct
• Strata-property-law

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The Owners, Strata Plan VR320 v. Day

Court

Supreme Court of British Columbia

The court dismissed a judicial review of a CRT decision ordering reimbursement of a special levy, upholding the CRT’s waiver inference and its finding that the first AGM was invalid.

• Special levy
• Proxy voting
• Crt jurisdiction
• Waiver of hearing requirement
• Judicial review
• Standard of review (patent unreasonableness)

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Baker v. The Owners, Strata Plan KAS 2750

Court

Supreme Court of British Columbia

The court held the strata plan contained an error and ordered steps to rectify it so the retaining wall could be designated as common property.

• Rectification
• Common property designation
• Statutory easements
• Declaration
• Bylaw validity
• Special levy

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