1028677 B.C. Ltd. v. The Owners, Strata Plan LMS 1083
The Owners, Strata Plan LMS 1083
Law Firm / Organization
Cleveland Doan LLP
Lawyer(s)

Alyona Kokanova

Civil Resolution Panel
Law Firm / Organization
Unrepresented
1028677 B.C. Ltd.
Law Firm / Organization
Hamilton & Company
Lawyer(s)

Ben Scheidegger

  • Facts: The case involved 1028677 B.C. Ltd., owner of a strata lot, who was ordered by the Civil Resolution Tribunal to reverse unauthorized alterations made to the property. The alterations were claimed to have been unauthorized by the Strata Plan LMS 1083, despite 1028677 B.C. Ltd. presenting a letter allegedly signed by the strata council president authorizing the alterations. The tribunal found the letter was not genuine and did not authorize the changes.

  • Issue: The main issues were whether the tribunal decision was procedurally unfair and whether it was patently unreasonable because it failed to acknowledge that some renovations, like the installation of an HVAC unit and construction of a mezzanine floor, were pre-existing when 1028677 B.C. Ltd. purchased the lot.

  • Court’s Ruling: The Supreme Court of British Columbia found the tribunal’s decision procedurally unfair due to a lack of adequate process for addressing credibility issues regarding the forged authorization letter. The decision was also found patently unreasonable due to factual inaccuracies regarding the unauthorized alterations. Consequently, the case was remitted back to the Civil Resolution Tribunal for a new hearing.

  • Amount of Costs/Damages Awarded: The document does not specify the amount of costs or damages awarded, as the case was remitted for a new hearing without a final decision on these aspects.

Supreme Court of British Columbia
S247384
Real estate
Petitioner