SWS Marketing Inc. v. Zavier
SWS Marketing Inc.
Law Firm / Organization
Murphy Battista LLP
Lawyer(s)

Derek M. Palaschuk

Odin Zavier
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Thane Lanz
Law Firm / Organization
Unrepresented
Randall Rogiani
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Eduardo Soto
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Gary Mythen
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Sacha Elez
Law Firm / Organization
Unrepresented
Burt Petersen
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Charlene Petersen
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Fan Jin
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Gordon Lemon
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Doris Lanz
Law Firm / Organization
Unrepresented
Joseph Lanz
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

The Owners Strata Plan Kas 1886
Law Firm / Organization
Not Specified
Lawyer(s)

R. Gauthier

The Tenants: John Doe #1, Jane Doe #1, John Doe #2, Jane Doe #2, John Doe #3, Jane Doe #3, John Doe #4, Jane Doe #4, John Doe #5, Jane Doe #5, John Doe #6, Jane Doe #6, John Doe #7, Jane Doe #7, John Doe #8, Jane Doe #8, John Doe #9, Jane Doe #9
Law Firm / Organization
Unrepresented

Background:
The case involved a long-standing legal dispute over the management and governance of a strata corporation in Vernon, BC. The case stemmed from conflicts between SWS Marketing Inc. (controlled by Rene Gauthier) and strata unit owners, including Odin Zavier, regarding voting rights, unpaid strata fees, and bylaw enforcement.

Legal Issues:

  • Whether the unpaid strata fees claimed by Strata Plan KAS 1886 could be collected from specific unit owners.

  • Whether Rene Gauthier had a conflict of interest and should be removed as the strata’s representative.

  • Whether the use of Bylaw 27(7), which allowed SWS to override votes, was significantly unfair under section 164 of the Strata Property Act.

  • Whether the 2024 strata election results should be voided due to procedural unfairness.

Court’s Decision:

  • The petitions for unpaid strata fees could proceed.

  • Gauthier was not removed as the strata’s representative but could face future review.

  • Bylaw 27(7) was upheld, as its use was not deemed significantly unfair.

  • The challenge to the 2024 strata election was dismissed.

Costs and Awards:

  • No specific monetary damages were awarded.

  • Cost decisions were deferred for future determination.

The ruling reinforced strata governance principles, emphasizing contract enforcement and procedural fairness in strata disputes.

Supreme Court of British Columbia
S138229
Real estate
Plaintiff