Background:
Trinden Enterprises Ltd. ("Trinden") sought to hold The Owners, Strata Plan NW2406 (the "Strata") in contempt for failing to comply with a tribunal order issued in 2020. The order required the Strata to repair an elevator serving Trinden's commercial units and adjacent townhouses, citing safety concerns. The Strata's delays arose from internal disputes over cost-sharing among its sections and reluctance to comply.

Legal Issues:
The central issue was whether the Strata intentionally breached the tribunal order, which had been filed in court, making it enforceable as a Supreme Court order. The contempt application required proof that the order was clear, the Strata had knowledge of it, and the non-compliance was intentional.

Court’s Findings:
The court found the Strata in contempt for failing to meet the order’s deadlines, particularly the January 1, 2021, repair start date. The Strata failed to retain contractors or act decisively, despite opportunities. However, individual council members were not held in contempt, as their personal responsibility was not established.

Penalties and Costs:
The court imposed a $1,000 fine on the Strata and awarded 50% of special costs to Trinden, to be assessed by the registrar. This partial award accounted for delays attributable to both parties and Trinden’s unsuccessful claims against individual council members.

Total Award:
Trinden was granted 50% of its special costs and a $1,000 fine against the Strata, incentivizing compliance and deterring future delays.