Valley’s Edge Park Ltd. v. Holden
Moira Holden
Law Firm / Organization
Self Represented
Denis Holden
Law Firm / Organization
Self Represented
Valley’s Edge Park Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

D. Murphy

  • Facts: The Holdens built a deck on their property within Valley’s Edge Resort without the SBS Administrator's approval, violating the SBS terms.

  • Issue: The case centered on whether the Holdens should remove the deck for lacking required approval.

  • Court’s Ruling: The court denied the mandatory injunction to remove the deck. It ruled the construction did not significantly harm other owners' interests and criticized the petitioners for their arbitrary decision-making process. The court suggested equitable damages could be a suitable remedy, emphasizing the case aimed at ensuring SBS adherence rather than addressing specific harm.

  • Costs/Damages: Exact costs or damages were not specified; the court allowed submissions on these within 30 days of the judgment.

Supreme Court of British Columbia
S6907
Real estate
Petitioner