31/10/2017 – Jurisdiction British Columbia
Part 60 published on 01/12/2017
Court of Appeal confirms strata corporation’s entitlement to full costs in relation to lien
The strata corporation had registered a lien against one of the units pursuant to section 116 of the Strata Property Act. The corporation applied for an order for sale of the unit. The owner challenged the strata corporation’s claim for costs under the lien. A Master held that the strata corporation was not entitled to full indemnity costs (under Section 118 of the Strata Property Act). Instead, the corporation was entitled only to scale B party and party costs. The strata corporation appealed. The appeal was dismissed. (See Condo Cases Across Canada, Part 53, February 2016).
The strata corporation appealed again, to the Court of Appeal.
The Court of Appeal held that the “amount of the lien” includes the strata corporation’s actual reasonable legal costs incurred in registering and enforcing the lien, land title and registry fees and other reasonable disbursements. The Court of Appeal ordered an assessment of those legal costs.