Background: John Emmerton and Van Ortega, owners of a strata unit on the 26th floor of a residential tower, placed an inflatable hot tub on their patio without approval from The Owners, Strata Plan BCS 3407. The hot tub held 900 liters of water and could seat four to six adults. The Strata Corporation had previously denied their request to install it, citing Bylaw 53(4), which limited patio use to items like plants with saucers, patio furniture, and BBQs. Despite this, the hot tub was installed, leading the Strata to initiate bylaw enforcement.

Legal Issues: The owners filed a dispute with the Civil Resolution Tribunal (CRT), arguing that the Strata Corporation misinterpreted the bylaw. The CRT ruled that the hot tub was permissible as "patio furniture" due to its movability, which the Strata Corporation appealed, claiming the decision was unreasonable.

Court’s Findings: The Court of Appeal found the CRT’s decision "patently unreasonable." It ruled that the CRT overly focused on the hot tub’s movability and ignored other important factors, such as safety concerns and municipal drainage regulations. The court held that the hot tub did not align with the plain and ordinary meaning of “patio furniture” under the bylaw.

Outcome: The appeal was allowed, and the CRT’s ruling was overturned. The Strata Corporation's petition was granted, and the claim before the CRT was dismissed.

Costs: The Owners, Strata Plan BCS 3407, was awarded costs in both the Supreme Court of British Columbia and the Court of Appeal.