Macdonald v. The Owners, EPS 522
The Owners, EPS 522
Law Firm / Organization
Hamilton & Company
Lawyer(s)

Ben Scheidegger

B.C. Civil Resolution Tribunal
Law Firm / Organization
Not Specified
Lawyer(s)

Z.N. Rahman

David Macdonald
Law Firm / Organization
Self Represented
  • Facts: David Macdonald, a unit owner in a condominium, sought judicial review of Civil Resolution Tribunal (CRT) decisions related to several disputes with the strata corporation (The Owners, EPS 522), including council member eligibility, resolution alterations, and use of strata resources.

  • Issue: The main issue was whether the CRT decisions regarding the strata council's actions were fair and lawful, including whether a non-owner could act as a council member, and if the strata corporation improperly altered resolutions and used resources for council elections.

  • Court's Ruling: The court found some CRT decisions to be patently unreasonable, particularly the denial of Macdonald’s nomination for the strata council. The court ruled that Macdonald was treated significantly unfairly during the nomination process and that his expectation to stand for election was reasonable.

  • Amount of Costs/Damages Awarded: The document did not specify the exact amount of costs or damages awarded following the court's decision. However, the court's finding of significant unfairness in the treatment of Macdonald’s nomination might lead to further proceedings to determine appropriate remedies or costs.

Supreme Court of British Columbia
S213271
Real estate
Petitioner