27/05/13 – Jurisdiction British Columbia
Part 26 published on 01/05/09
Small Claims Court lacks jurisdiction to order compliance with by-laws
Part 26 published on 01/05/09
Small Claims Court lacks jurisdiction to order compliance with by-laws
An owner in the strata corporation sued (in Small Claims Court) for an Order requiring that the corporation follow its by-laws and repair the owners’ windows. The Small Claims Court refused to decide the matter. The Court said that only the Supreme Court can make such an Order (under Section 165 of the Strata Property Act).
The Court went on to offer a “non-binding opinion” that the owner was obligated to repair the windows under Section 9 of the corporation’s by-laws.