10/09/13 – Jurisdiction British Columbia
Part 15 published on 01/08/06
Fines not properly levied against owner
Part 15 published on 01/08/06
Fines not properly levied against owner
The Strata Corporation imposed fines upon the owner, based upon the owner’s continued violation of the corporation’s by-law prohibiting pets. The fines were upheld by the Small Claims Court. On appeal, the British Columbia Supreme Court said that, under Section 135 of the Strata Property Act, fines cannot be imposed until the owner has been given the opportunity to answer the complaint. This requirement had not been met in this case and the fines were accordingly found to be invalid.