Trinden Enterprises Ltd. v. Civil Resolution Tribunal and The Owners
Civil Resolution Tribunal
Law Firm / Organization
Unrepresented
The Owners, Strata Plan NW2406
Law Firm / Organization
Bleay Both Uppal LLP
Lawyer(s)

K. Kathrine Uppal

Trinden Enterprises Ltd.
Law Firm / Organization
Mair Jensen Blair LLP
Lawyer(s)

J. Barry Carter

Case Overview:
The case involved Trinden Enterprises Ltd. (petitioner) and Civil Resolution Tribunal with The Owners, Strata Plan NW2406 (respondents) before the Supreme Court of British Columbia. It arose from a dispute over the use and ownership of 24 parking spaces in a Burnaby strata development. The Civil Resolution Tribunal (CRT) ruled against Trinden, which sought judicial review.

Legal Issues:

  1. Reasonable Expectations: Trinden argued it reasonably expected control over 90 parking spaces, including the 24 disputed ones, due to historical use and prior agreements. The CRT rejected this, stating such expectations were unreasonable as they conflicted with the strata plan.

  2. Significant Unfairness: Trinden alleged the strata's actions were significantly unfair. The CRT found otherwise, concluding the strata's reliance on the registered strata plan was justified.

  3. Promissory Estoppel: Trinden claimed the strata was precluded from asserting its rights due to past conduct. The CRT dismissed this, finding no permanent assurances had been made.

  4. Procedural Fairness: Trinden argued the CRT failed to consider evidence or order document production. The court upheld the CRT’s process, finding it acted fairly.

Outcome and Costs:
The court dismissed Trinden's petition, holding that the CRT’s decision was not patently unreasonable and procedural fairness was maintained. Costs of scale B were awarded to The Owners, Strata Plan NW2406. Financial terms were not specified.

Supreme Court of British Columbia
S235259
Civil litigation
Respondent