18/12/2018 – Jurisdiction British Columbia
Part 61 published on 01/03/2017
Court orders correction of error in strata plan relating to parking
The Court found that there was an error in the strata plan as prepared by the original land surveyor. In particular, the surveyor had mistakenly labeled certain parking stalls as “limited common property” as opposed to “common property” (which labelling was not in keeping with the developer’s intention). The Court said:
In my view, the appropriate disposition is to direct the registrar to correct the error in the strata plan. I have reached that conclusion for two primary reasons: first, the fact that there is sufficient material before me to be satisfied, which I am, that the “common property” designation is the correct one; secondly, it is not in the interests of any of the parties that there be further adjudicative proceedings to resolve this question. The litigation to date has no doubt been costly and time-consuming for all concerned. It is appropriate that this Court reach a decision which provides a final answer to the parties.