Rochette v. McGuire
Roger McGuire
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Aron M. Bookman

James Allard
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Aron M. Bookman

Mark Stevens
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Aron M. Bookman

Gerald Hauck
Law Firm / Organization
Carfra Lawton LLP
Sylvie Rochette
Law Firm / Organization
Reed Pope Law Corporation
Lawyer(s)

Trevor W. Morley

Jim Tennant
Law Firm / Organization
Reed Pope Law Corporation
Lawyer(s)

Trevor W. Morley

Laura Podgorenko
Law Firm / Organization
Reed Pope Law Corporation
Lawyer(s)

Trevor W. Morley

Background:
The dispute arose between strata owners who lived in their units and those who rented their units through the Victoria Regent Hotel Ltd. (VRH). The conflict focused on the renewal of the Common Area Use Agreement (CAUA) between the Strata and VRH in 2020. The petitioners claimed that the 2020 Council renewed the CAUA without proper authorization from the strata owners and that they failed to disclose conflicts of interest. Additionally, the 2020 Council executed a release of claims in favor of the 2019 Council, which the petitioners argued was unauthorized and invalid.

Legal Issues:
The key legal issues included whether the 2020 Council members had a conflict of interest when renewing the CAUA and granting the release, whether they failed to obtain the necessary three-quarter approval from strata owners, and whether their actions breached sections 31, 32, and 82 of the Strata Property Act.

Court's Decision:
The court examined the validity of the CAUA renewal and the release, considering whether the council members' actions constituted a conflict of interest and whether the release was legally binding.

Costs and Awards:
The document did not specify the total amount of costs or any monetary award in favor of the successful party. The relief sought included declaratory orders, the setting aside of the release, and potential damages.

Supreme Court of British Columbia
S220497
Real estate