Owners, Strata Plan EPS 3699 v Siemens
Kendra Lee Siemens
Law Firm / Organization
Self Represented
Civil Resolution Tribunal
Law Firm / Organization
Not Specified
Lawyer(s)

Z. Rahman

The Owners, Strata Plan EPS 3699
Law Firm / Organization
Citadel Law Corporation
Lawyer(s)

Silvano S. Todesco

Background:
The Owners, Strata Plan EPS 3699, a strata corporation in Kelowna, petitioned for a judicial review of a decision by the Civil Resolution Tribunal (CRT). Kendra Lee Siemens, a strata unit owner, had won a CRT decision concerning her limited common property (LCP) parking stall (PS133), which she claimed was unusable due to repainted lines in 2019.

Legal Issues:
The key issues were:

  • Whether the CRT’s decision ordering the strata to provide Siemens with alternative permanent parking was patently unreasonable.
  • Whether the CRT’s order exceeded its authority under the Strata Property Act (SPA).
  • Whether the strata had the legal ability to comply with the CRT's ruling.

Court’s Findings:
The court ruled the CRT’s order patently unreasonable because it required the strata to take actions beyond its statutory powers under the SPA, such as overriding owner voting requirements. The matter was remitted back to the CRT for reconsideration.

Outcome & Costs:
No monetary award was granted. Each party bore their own costs for the judicial review.

Supreme Court of British Columbia
S235880
Real estate
Petitioner