The Owners, Strata Plan BCS3702 v. Hui
Chi Yan Hui
Law Firm / Organization
Bennett Jones LLP
Lawyer(s)

David E. Gruber

The Owners, Strata Plan BCS3702
Law Firm / Organization
Eyford Partners LLP
Lawyer(s)

Nathalie Baker

  • Facts: The dispute involves the ownership and use of amenity spaces in a strata development, The Erickson, between the strata corporation (The Owners, Strata Plan BCS3702) and an individual owner, Mr. Hui. Mr. Hui, owner of a penthouse, claims exclusive rights to the L-2 Amenity Space based on the strata plan, while the Strata argues this contradicts the development permit and disclosure statement.

  • Issue: Whether the strata plan should be rectified to make the L-2 Amenity Space available to all residents, correcting an alleged error that it was designated for Mr. Hui's exclusive use.

  • Court’s Ruling: The court rejected Mr. Hui’s application to strike the strata corporation’s petition, finding no abuse of process, and held that the strata’s request for rectification could proceed. It determined that both the court and the Registrar of Land Titles have concurrent jurisdiction to rectify errors in a registered strata plan.

  • Costs/Damages: Specific amounts for costs or damages are not provided in the summarized text, but the court ruled that the Strata is entitled to their costs in any event of the cause, suggesting that they would recover their legal costs from Mr. Hui.

Supreme Court of British Columbia
S229039
Real estate
Petitioner