Richardson v. The Owners, Strata Plan VR 2083
Beverly Richardson
Law Firm / Organization
Refresh Law
Lawyer(s)

Jennifer Lebbert

John Richardson
Law Firm / Organization
Refresh Law
Lawyer(s)

Jennifer Lebbert

The Owners, Strata Plan VR 2083
Law Firm / Organization
Clark Wilson LLP
Daniel Simmons
Law Firm / Organization
Clark Wilson LLP

Background:
Beverly Richardson and John Richardson initiated a proceeding to enforce a Civil Resolution Tribunal (CRT) order against The Owners, Strata Plan VR 2083, and Daniel Simmons. The dispute arose over renovations made by Simmons to his strata lot, which the Richardsons argued violated the Strata Property Act (SPA) by altering common property without proper approval.

Legal Issues:
The key issues revolved around:

  • Simmons' breach of SPA sections 70(4) and 71, involving unauthorized expansion of habitable space and significant changes to common property.
  • The failure of the strata corporation to properly comply with a CRT order to hold a special general meeting (SGM) to vote on the renovations.
  • The Richardsons sought enforcement of the CRT's order and claimed the strata corporation acted unfairly in implementing it.

Court Decision:
The Supreme Court of British Columbia ruled on several procedural matters, including the production of emails related to proxy voting at the SGM. The court found a triable issue regarding the validity of the voting process on the alterations. Document production was ordered, but the contempt application against the strata was struck out by mutual agreement.

Costs:
The court did not award any immediate costs, leaving the determination of costs for the judge who would ultimately resolve the case.

Supreme Court of British Columbia
L200094
Real estate