Mariette and Neville West, unit owners in a strata complex (respondent), disputed the temperature regulation in their unit due to window and door deficiencies. After unsatisfactory responses from the strata corporation, they initiated a claim with the Civil Resolution Tribunal (CRT).
Issue:
The issue centered on whether the strata corporation failed in its duty to maintain and repair common property, particularly the windows affecting the Wests' unit, and whether their actions warranted special costs against them.
Court's Ruling:
The Supreme Court of British Columbia ruled that the CRT decision was incorrect, finding that the strata corporation had not acted reasonably in addressing the deficiencies. The court ordered the strata to repair the deficiencies as per the 2009 engineering reports and confirm the repairs met the Canadian Standards Association standards for window performance.
Costs/Damages Awarded:
The court did not award special costs but confirmed the petitioners' entitlement to ordinary costs of the judicial review proceeding. The exact amount was not specified but was to be assessed at the usual scale of difficulty. The strata corporation was responsible for the costs of the special costs application.
