Part 20 published on 01/11/07
Strata Council Members did not act honestly and in good faith – Appeal to Supreme Court of Canada Dismissed
The Strata Council Members had the Strata Corporation commence a lawsuit, and incur the resulting expenditure of approximately $200,000 in legal costs, without the required ¾ vote under the Strata Property Act. The lawsuit was part of a strategy to advance the interests of some, but not all, of the Strata owners.
The trial Judge ruled that the Strata Council Members were acting in a conflict of interest, as they were part of the interested group. The trial Judge ruled that the Strata Council Members had acted in bad faith and ordered them to repay the Strata Corporation the legal fees of approximately $200,000. [See Condo Cases Across Canada – Part 12 – November 2005]
The appeal to the British Columbia Court of Appeal was dismissed on March 27, 2007.
Leave to appeal to the Supreme Court of Canada was dismissed on September 27, 2007.