Shaw Cablesystems Limited v. Concord Pacific Group Inc. and Novus Entertainment Inc. (Supreme Court of British Columbia)

Shaw challenged Concord’s policy of refusing to allow Shaw to install telecommunications infrastructure in strata properties developed by Concord.  Shaw relied upon the statutory easements “through the common property” in favour of each strata lot owner contained in Section 69(1)(b) of the Strata Property Act.   

The Court said that Section 69(1)(b) simply confirms that each strata lot has a right to benefit from the services selected by the strata corporation, but not a right to arrange for installation of new facilities through the common property.