Peterson v. Proline Management Ltd. (British Columbia Court of Appeal)

The plaintiff, a strata lot owner, was injured when she fell over a 26-inch wall at the edge of the patio outside her condominium.  Although the Trial Judge concluded that the strata corporation was partially responsible for the plaintiff’s injuries, the Trial Judge also found that the limitation period for asserting the claim had expired.  [See Condo Cases Across Canada, Part 20, November 2007] 

The Trial Judge also found that there was no breach of fiduciary duty (which would have been subject to a longer limitation period).  The plaintiff appealed this finding.  The appeal was dismissed.  The Court of Appeal agreed that there was no breach of fiduciary duty because the strata corporation had not assumed any discretionary power to act in the best interests of the plaintiff owner.  The corporation’s relationship to the plaintiff was defined by the by-laws of the strata corporation and the corporation’s control and occupation of the common property.  The limitation period for the plaintiff’s claim against the strata corporation with respect of these obligations had expired.  The longer limitation period for a breach of a fiduciary duty did not apply.