Background:
The Owners, Strata Plan BCS 3539 ("Strata Corporation") registered a lien under s. 116 of the Strata Property Act, SBC 1998, c. 43 (SPA) against a strata unit owned by Michael Murph Ranspot due to unpaid strata fees and special levies. The Supreme Court of British Columbia ordered a reference to assess the total amount owed, including legal costs under s. 118 of the SPA.

Legal Issues & Arguments:

• The Strata Corporation argued that all reasonable legal costs incurred to enforce the lien should be recoverable.

• Ranspot, a self-represented lawyer, contested the validity of the lien, the reasonableness of legal costs, and delays by the Strata Corporation.

• The case involved lengthy litigation, with hearings spanning over two years, significantly increasing legal costs.

Decision & Award:

• Registrar Gaily reduced the Strata Corporation’s claimed legal costs from $46,695.27 to $36,700.56.

• The court found that Ranspot’s actions contributed to the protracted litigation, but some legal fees were excessive.

• The total award in favor of the Strata Corporation included $28,750.50 in legal fees, $3,450.06 in taxes, and $4,500 in disbursements.

• The lien remained on Ranspot’s property until full payment of assessed costs.

The case reinforced that strata corporations can recover reasonable legal costs under s. 118 SPA but must justify them in assessments.