Majithia v. The Owners, Strata Plan EPS 2884
The Owners, Strata Plan EPS 2884
Law Firm / Organization
Bleay Both Uppal LLP
Lawyer(s)

K. Kathrine Uppal

Anoop Majithia
Law Firm / Organization
BTM Lawyers LLP
Lawyer(s)

Wes Berger

Sharlene Gill
Law Firm / Organization
BTM Lawyers LLP
Lawyer(s)

Wes Berger

Background Facts:
The petitioners owned three strata lots at 1151 West Georgia Street, Vancouver, acquired between 2016 and 2021. They sought to merge these units (the "Alteration"). Initially, the strata corporation appeared to approve the Alteration but later called a special general meeting where three resolutions were passed. These resolutions: (1) amended the bylaws to require a different approval process for major alterations, (2) directed the strata corporation to withhold approval of the Alteration pending a majority vote, and (3) ultimately rejected the Alteration. The petitioners alleged that the developer improperly influenced these decisions.

Legal Arguments/Issues:
The petitioners argued the case was too complex for the CRT, involved significant factual disputes, and had precedential value regarding whether a strata corporation could retroactively withdraw project approval. They also claimed urgency due to the potential expiration of a building permit.

The respondent countered that the CRT was equipped to handle the dispute, citing similar past cases, and argued the matter lacked significant precedential value or true urgency.

Decision:
The court dismissed the petitioners' application, concluding that the CRT was the appropriate forum for adjudicating the dispute. The petition was stayed under section 16.1 of the CRTA, and the matter was referred to the CRT.

Costs/Award:
The document did not specify any award or costs granted in favor of the successful party. The focus was on procedural jurisdiction rather than on monetary judgments.

Supreme Court of British Columbia
S242509
Real estate
Respondent