Background:
1289083 B.C. Ltd., owned by Dr. Edmund Wong, purchased strata lot 75 (SL75) to convert it into a dental office. The Owners, Strata Plan BCS3215, denied requests to alter common property by coring into the concrete slab for drainage, citing structural concerns. The petitioner claimed this refusal was significantly unfair under section 164 of the Strata Property Act (SPA).

Key Issues:

• Whether the strata council acted in a significantly unfair manner by denying alterations under the SPA.
• Whether the matter should be adjudicated by the Civil Resolution Tribunal (CRT) or the Supreme Court of British Columbia.
• Whether procedural fairness and natural justice principles were violated.

Legal Arguments

• Petitioner: The denial of alterations prevented renovations, resulting in financial losses of $280,393 as of January 31, 2024, with ongoing losses. It argued the decision lacked justification and procedural fairness.
• Respondent: The CRT had specialized expertise under section 121 of the Civil Resolution Tribunal Act (CRTA) and should hear the matter.

Court Decision:
Justice Branch ruled the claims fell within the CRT’s jurisdiction, citing proportionality, specialized expertise, and procedural safeguards. The petition was dismissed under section 16.1 of the CRTA.

Costs:
The court awarded Scale B costs to The Owners, Strata Plan BCS3215, ending the petition. Financial terms were not specified.

This decision emphasized that complex strata disputes with significant damages could still be referred to the CRT for resolution.