27/02/2017 – Jurisdiction British Columbia
Part 58 published on 01/06/2018
Appeal dismissed. Strata corporation responsible to install new railings
The Lower Court held that the strata corporation was obligated to install railings on the wall surrounding the owner’s roof-deck, as part of its repair obligations. [See Condo Cases Across Canada, Part 55, September 2016.]
The strata corporation appealed. The Appeal was dismissed. The Appeal Court said:
The judge found as a fact that the work would restore the recreational use the Owner enjoyed for many years and reasonably understood was permitted. There was an evidentiary foundation upon which the judge could properly rely in concluding that the work in question was not done to effect a change in use, but rather to ensure the Owner could once again use the limited common property in accordance with the strata plan. In these circumstances, the installation of the railings could properly be regarded as a repair.
