BC Supreme Court dismisses lawsuit involving unauthorized construction in a residential unit

The Supreme Court of British Columbia has dismissed a lawsuit filed by a plaintiff against McCormack & Company Law Corporation and the City of Richmond, including Mayor Malcolm Brodie.

The court found the lawsuit to lack merit, striking the plaintiff's notice of civil claim in full without the possibility of amendment and mandating the plaintiff to cover lump sum special costs for the defendants.

The case originated from disputes over the ownership and eventual loss of a residential strata unit in Richmond, BC. The plaintiff had lodged claims alleging misconduct by the Strata, the Law Corporation representing the Strata, and city officials. The plaintiff sought various forms of relief, including damages and legal declarations asserting wrongful actions.

The lawsuit also delved into issues surrounding unauthorized construction within the residential unit owned by the plaintiff, which became a focal point in the dispute between him, the Strata, and city officials. Inspections by the City of Richmond revealed multiple unauthorized alterations within the plaintiff’s unit, leading to enforcement actions and legal proceedings to ensure compliance with building regulations.

However, upon review, the BC Supreme Court determined the claims against the Law Corporation to be speculative, relying on assumptions rather than substantiated facts, particularly concerning the legal advice provided to the Strata.

The court emphasized that the legal obligations of a lawyer extend solely to their client, dismissing any notion that the plaintiff could hold the Law Corporation accountable for actions perceived as promoting litigation against him. The court noted that such a premise lacked a legal foundation, rendering the claims against the Law Corporation baseless.

As for the allegations directed at the City of Richmond and Mayor Malcolm Brodie, the court identified the plaintiff's complaints about bylaw enforcement actions as time-barred and devoid of a coherent legal basis. The lawsuit attempted to contest previously resolved issues, an effort the court classified as abusing the judicial process.

Ultimately, the court ordered the plaintiff to pay special costs to the defendants and gave the plaintiff a stern rebuke for the persistence in forwarding unsubstantiated allegations.