Fenwick v Parks

31/07/13 – Jurisdiction British Columbia
Part 8 published on 01/11/04
Court orders that Schedule of Unit Entitlement be amended to reflect actual habitable area or square footage

Owners applied pursuant to Section 246 (7) of the Strata Property Act for an Order that the Schedule of Unit Entitlement of Strata Plan VIS 2014 be amended to reflect the habitable area of each of the 55 Strata Lots. 

The Court granted the order, on the following grounds: 

  • The garages should not have been included as “habitable areas”;
  • The basements should have been included as “habitable area” because they were all capable of becoming habitable space.