Part 13 published on 01/02/06
Jurisdiction of Small Claims Court in matter involving strata property issues
In this case, the claimant sued the defendant for damages allegedly arising from injuries suffered by the claimant’s dog as a result of an attack by the defendant’s dog. The defendant asserted a third party claim against the strata corporation, alleging that the strata corporation was negligent in the maintenance and design of the fence between the defendant’s limited common property (where the attacking dog was being kept) and the general common property (where the attacked dog was being walked).
The question was whether or not such a claim could be asserted against the strata corporation in Small Claims Court.
The Court said that the claim could be asserted in Small Claims Court. The Court said this claim did not fall within the range of lawsuits (set out in Sections 164 and 165 of the Strata Property Act) respecting which the Supreme Court is given exclusive jurisdiction.