09/07/13 – Jurisdiction British Columbia
Part 34 published on 01/05/11
Small Claims Court does not have jurisdiction to decide a claim based upon an alleged breach of Section 71 of the Strata Property Act
Part 34 published on 01/05/11
Small Claims Court does not have jurisdiction to decide a claim based upon an alleged breach of Section 71 of the Strata Property Act
The claimant strata lot owner sued the strata corporation for costs incurred in removing his shed. He had removed the shed after the strata corporation had demanded that he sign an “exclusive use agreement” respecting his shed. The owner said that the corporation’s demand violated Section 71 of the Strata Property Act.
The Small Claims Court regretfully concluded that it did not have jurisdiction to decide the matter. According to the Strata Property Act, only the Supreme Court could decide the matter.