Facts: The Owners, Strata Plan NW 87 (Petitioner) registered a lien against the unit owned by Jasar Ajvazi and Helen Marie Price (Respondents) for unpaid strata fees and special levies. The lien, initially around $7,500, led to legal proceedings and a court-ordered sale of the unit.
Issue: The main issue was the determination of reasonable legal costs ("S. 118 Costs") incurred by the Strata Corporation in enforcing the lien against the respondents' property, including the registration of the lien, enforcement proceedings, and the eventual sale of the unit.
Court’s Ruling: The court found that the Strata Corporation was entitled to recover a portion of the S. 118 Costs. It deemed some of the costs claimed were reasonably necessary for the enforcement of the lien and related legal actions, considering the respondents' conduct during the proceedings.
Costs/Damages Awarded: The court awarded the Strata Corporation $95,617.55 in S. 118 Costs, which included reasonable legal costs associated with the enforcement of the lien. Additionally, special costs of $25,000 were awarded for the costs related to the assessment of the S. 118 Costs, payable by Mr. Ajvazi.
