Respondent
Petitioner
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.
Court
Supreme Court of British ColumbiaCase Number
S6907Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
Download documents