Respondent
Petitioner
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:
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.
Court
Supreme Court of British ColumbiaCase Number
S235880Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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