Respondent
Petitioner
Background:
William Gibson Wight and Elizabeth Ann Frey sought court orders requiring the strata corporation to conduct repairs to a parkade membrane and authorize a special levy of up to $2.1 million. The membrane had reached the end of its lifespan, causing water ingress issues.
Legal Issues:
The key issues were whether the court could compel repairs without a 75% owner vote and if a phased repair approach, as argued by respondent Jason Shewchuk, would suffice. The petitioners relied on the Strata Property Act (SPA), which mandates strata corporations to maintain common property. Mr. Shewchuk opposed the full repair, suggesting targeted fixes.
Court Findings:
The court ruled that the strata corporation had to fully replace the parkade membrane, as a phased approach would be costlier and less effective. It found that the impasse among owners prevented the strata corporation from fulfilling its repair duties.
Amount Granted by the Court:
The court authorized a special levy of up to $2.1 million to fund repairs, payable by all strata owners according to their unit entitlements. This was not a direct award to the petitioners but facilitated repair funding. It also awarded Wight and Frey party-and-party costs at Scale B, payable by the strata corporation, while Mr. Shewchuk bore no additional costs personally.
Court
Supreme Court of British ColumbiaCase Number
S238702Practice Area
Real estateAmount
$ 2,100,000Winner
PetitionerTrial Start Date
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