Bosworth v. Jurock (British Columbia Supreme Court)

The Plaintiff was an original purchaser and brought a claim on behalf of all original purchasers.  The claim was based primarily upon an alleged false statement, in the vendor’s disclosure statement, that the buildings were “free from material defect”.  The Plaintiff alleged that significant deficiencies had been discovered in the common property or common assets of the strata property.  The Court certified the claim as a class proceeding under the Class Proceedings Act.  The Court said: 

• The Plaintiff was himself not able to bring the action in a representative capacity under any other statute, including the Strata Property Act.  So, no alternative class proceeding was available directly to the Plaintiff.
• A representative action brought by the strata corporation under the Strata Property Act was also not a preferable procedure.