Part 48 published on 01/11/14
Owners can proceed with claim against strata corporation for alleged damages caused by corporation’s building envelope repairs
One of the owners alleged that the strata corporation had caused damage to her strata lot during the corporation’s building envelope repairs. The strata corporation moved for dismissal of the claim on a question of jurisdiction. In particular, the strata corporation asserted that the Provincial Court did not have jurisdiction to decide the claim, because the owner was essentially seeking an order that the strata corporation fulfill its statutory duties (under the Strata Property Act and the corporation’s by-laws) which claims are solely within the jurisdiction of the BC Supreme Court.
The strata corporation’s motion was dismissed; and the claim was allowed to proceed.
The Court said:
… I have concluded that the present action: … is not an action seeking relief from a significantly unfair decision or action by the strata corporation. It is simply an action in negligence alleging a breach of a duty of care.