Background:
The petitioners, Marylou Coyle, Michael Brent Furdyk, and Charles Gorrie, were owner-occupants of units in Strata Plan VIS 962, a residential building in Victoria, British Columbia. A majority of the units were part of a rental pool managed by the Victoria Regent Hotel Ltd. (VRH), which leased common property from the strata corporation. The 2020 Strata Council, consisting of Roger McGuire, James Allard, Mark Stevens, and Gerald Hauck, was elected in January 2020.

The dispute arose over allegations that the 2020 Strata Council failed to disclose conflicts of interest when renewing a common area use agreement with VRH and releasing claims against the 2019 Strata Council related to a previous legal action. The petitioners contended that this breached sections 31 and 32 of the Strata Property Act.

Legal Issues:
The petitioners alleged that the 2020 Strata Council acted improperly by failing to disclose personal interests in these transactions. The case was brought under section 33 of the Strata Property Act, allowing strata owners to seek remedies for breaches of fiduciary duty.

Court's Decision:
The court dismissed the petition based on cause of action estoppel, ruling that the claims had already been litigated in prior actions. The failure to consolidate claims across multiple petitions was deemed an abuse of process.

Costs Awarded:
The court ordered special costs in favor of the successful respondents, McGuire, Allard, Stevens, and Hauck, as well as the strata corporation. The total amount was not specified.