Shaw Cablesystems Limited v. Concorde Pacific Group Inc. (British Columbia Court of Appeal)

The lower Court held that statutory easements contained in Section 69(1)(b) of the Strata Property Act did not entitle owners to install new services through the common property.  [See Condo Cases Across Canada – Part 22, May 2008.]

This decision was upheld by the British Columbia Court of Appeal.  The Court of Appeal said, however, that any owner could seek to enforce the owner’s right to make reasonable use of the common property by applying to the strata Council for whatever service the owner might desire.  The owner’s rights could only be determined in the context of any such request.