Mason v. The Mansion House Estates Ltd.
Robert C. Mason
The Mansion House Estates Ltd.
Law Firm / Organization
Hira Rowan LLP

Background: Robert C. Mason appealed an order requiring him to vacate his residential suite and surrender his shares in The Mansion House Estates Ltd. (MHE), an apartment corporation. Mason purchased the shares in 2000, entitling him to occupy Suite 805.

Legal Arguments/Issues: Mason argued the chambers judge erred by:

  1. Treating "clean hands" as a basic requirement for equitable relief.
  2. Failing to consider partial relief from forfeiture, allowing him to retain possession but not occupancy of the suite and his shares.
  3. Admitting new evidence, which was dismissed as inadmissible.

Relief from Forfeiture: The judge found Mason repeatedly violated house rules, including keeping personal property on a fire escape, posing safety risks. Mason did not acknowledge the authority of MHE’s council and refused to comply with house rules or pay fines. The judge noted Mason's behavior showed he would not adhere to any imposed terms, justifying the forfeiture.

Decision: The Court of Appeal dismissed Mason's appeal, upholding the order for him to vacate the suite and surrender his shares for sale by MHE. The court concluded the judge properly considered all factors, including Mason’s conduct and the proportionality of the forfeiture.

Costs: The document did not specify the total amount of costs or any award in favor of the successful party.

Court of Appeals for British Columbia
CA48527
Real estate
Respondent