The Owners, Strata Plan BCS 3407 v. Emmerton
John Emmerton
Law Firm / Organization
Refresh Law
Lawyer(s)

Benjamin Meadow

Van Ortega
Law Firm / Organization
Refresh Law
Lawyer(s)

Benjamin Meadow

The Owners, Strata Plan BCS 3407
Law Firm / Organization
Alexander Holburn Beaudin + Lang LLP
Lawyer(s)

Andrea Fammartino

  • Facts: The case involved a dispute between The Owners, Strata Plan BCS 3407 and residents Emmerton and Ortega, over an inflatable hot tub placed on the residents' rooftop balcony. The strata council contended that the hot tub violated the strata bylaws, specifically questioning if it could be considered "patio furniture."

  • Issue: The primary legal issue was whether the hot tub constituted "patio furniture" under the strata bylaws, thereby determining if its placement on the balcony contravened the strata's regulations.

  • Court's Ruling: The Supreme Court of British Columbia upheld the Civil Resolution Tribunal’s (CRT) decision, which found that the inflatable hot tub qualified as "patio furniture" and did not violate the strata bylaws. The court deemed the CRT's decision as not patently unreasonable and dismissed the judicial review petition.

  • Costs/Damages Awarded: The respondents (Emmerton and Ortega) were entitled to costs of the proceeding at Scale B, though the exact amount was not specified in the document. Costs at Scale B typically cover a portion of the actual legal expenses incurred.

Supreme Court of British Columbia
S227866
Real estate
Respondent