Respondent
Petitioner
Case Background:
The Owners, Strata Plan BCS 3426 ("the Strata"), brought an action against Hao Mei to recover legal costs incurred from enforcing a lien due to unpaid strata fees on Mei's property. Mei disputed the amount of legal costs, arguing it was excessive.
Legal Framework:
The assessment was governed by sections 116–118 of the Strata Property Act, which allow strata corporations to recover reasonable legal costs for lien enforcement to prevent compliant owners from covering delinquencies. Precedent cases, such as The Owners, Strata Plan KAS 2428 v. Baettig and The Owners, Strata Plan NW 2089 v. Ruby, influenced the decision by establishing limits on recoverable costs and emphasizing that costs should be reasonable.
Arguments and Issues:
The Strata sought approximately $24,000 in legal fees, while Mei argued that past rulings capped such fees at $4,000. Mei’s counsel did not dispute the work performed but contended that the total requested was unreasonable. The Registrar noted the lack of cross-examination on fee details, limiting the basis for judgment.
Decision and Award:
The court assessed reasonable legal costs at $10,000, with an additional $1,200 in taxes and $2,022.31 in disbursements, totaling $13,222.31 in favor of the Strata. The Registrar concluded that a rehearing would be disproportionate and resolved the matter based on presented evidence.
Court
Supreme Court of British ColumbiaCase Number
S227611Practice Area
Real estateAmount
$ 13,222Winner
PetitionerTrial Start Date
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