Respondent
Petitioner
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.
Court
Supreme Court of British ColumbiaCase Number
S247384Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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