Background:
This case involved a dispute between The Owners, Strata Plan NW 2301 (petitioner) and The Owners, Strata Plan NW 2364 (respondent) over shared recreational amenities in two neighboring strata developments in Burnaby, B.C. The City of Burnaby required both properties to maintain these facilities under a Section 219 covenant. In 2019, the respondent attempted to terminate its obligations under the covenant, leading to legal action.

Legal Issues & Arguments:
The petitioner sought a declaration that the covenant remained binding and an order requiring the respondent to contribute financially to maintenance and repairs. The respondent argued that the covenant benefited only the City of Burnaby and was unenforceable by the petitioner. A 2022 decision by Justice Wilson found that the parties had a post-incorporation contract mirroring the covenant’s terms, preventing unilateral termination. However, he declined to issue monetary orders due to insufficient evidence, leaving the door open for future applications.

Court’s Decision:
Justice A. Ross ruled that Justice Wilson’s intent was not to dismiss monetary claims but to allow further applications. The petitioner’s request to amend the prior order to permit additional claims was granted, while the respondent’s counter-application to dismiss those claims was denied.

Costs & Award:
The court awarded costs for both applications to the petitioner, but limited recovery to one day of hearing costs. The total amount was not specified pending further proceedings on monetary relief.