Background: James Mok and Michelle Mok, owners of a unit in a six-unit strata building known as Spruce West in Vancouver, opposed the voluntary winding-up and sale of the building, initiated by the other owners due to extensive disrepair. The strata corporation, The Owners, Strata Plan VR456, sought to sell the property and wind up the strata corporation.

Legal Issues: The Moks appealed to set aside court orders related to:

1. The appointment of an administrator to oversee repairs or sell the building.
2. The confirmation of the winding-up resolution.
3. The validity of the administrator entering a listing agreement without a vote.
4. The failure to personally serve Michelle Mok with the petition.

Court’s Decision: The Court of Appeal for British Columbia dismissed the appeal. It ruled that:

• The appointment of the administrator and subsequent actions were proper.
• The administrator could enter into a listing agreement without a vote.
• The failure to personally serve Michelle Mok was an irregularity but did not invalidate the orders.
• The winding-up and sale were in the best interests of the owners and did not result in significant unfairness to the Moks.

Costs Awarded: The Moks were unsuccessful in their appeal, and costs were awarded to The Owners, Strata Plan VR456, in accordance with the usual costs of an appeal, although the exact amount was not specified in the document.