Ernest Twin Ventures Ltd. (PP) V. Strata Plan LMS 3259 (B.C. Court of Appeal)

This was an appeal from the Supreme Court decision rendered November 24, 2003. (see Condo Cases Across Canada – Issue No. 5). 

The Supreme Court decision was upheld on appeal. The Court of Appeal’s reasoning included the following: 

• Regulation 6.4 (2) under the Strata Property Act provides that where an item of operating expense relates to or benefits one type of Strata lot exclusively, and that type is identified in the by-laws, the contribution for that item of expense is to be shared by the owners of that one type of strata lot alone. However, this only allows for a type of strata lot to be excluded from the contribution where the expense does not relate at all to that type of Strata Lot and provides no benefit whatsoever to that type of Strata Lot.  

• The court also found that the approved budget was not significantly unfair.