Dr. C.A. Whittington Inc. v. The Owners, Strata Plan VR 2027
Dr. C.A. Whittington Inc.
Law Firm / Organization
Self Represented
The Owners, Strata Plan VR 2027
Law Firm / Organization
Not Specified
Lawyer(s)

H. Wuigk

Background: The Owners, Strata Plan VR 2027, represented a multi-unit residential building in Whistler Village. The strata corporation imposed four special levies, which Dr. C.A. Whittington Inc., owned by Dr. Christine Whittington, refused to pay. This refusal led to a lien against Whittington's strata lot and a petition for judgment and sale of the lot to secure payment.

Legal Arguments/Issues: Dr. C.A. Whittington Inc. applied for an extension to file and serve the Appeal Record and transcripts, arguing it was in the interest of justice. The respondent opposed, citing prejudice due to significant legal expenses. The key legal issues were:

  • Whether the failure to file the Appeal Record and transcripts was justified.
  • The validity of the special levies and lien.
  • Allegations of fraud and identity theft by the appellant.

Court's Decision: The court dismissed the appeal, stating the appellant did not provide a satisfactory explanation for the delay and that the respondent would suffer real prejudice due to legal expenses exceeding $300,000. The judge found no merit in the appellant's arguments and confirmed the respondent's entitlement to enforce the lien and secure payment through the sale of the appellant’s unit if necessary.

Costs/Award: The respondent, The Owners, Strata Plan VR 2027, incurred legal expenses exceeding $300,000 due to the appellant’s failure to comply and the extended litigation process.

Court of Appeals for British Columbia
CA48524
Real estate
Respondent