09/03/2017 – Jurisdiction British Columbia
Part 58 published on 01/06/2018
Claim started in Small Claims Court and then transferred to Supreme Court requires authorization by ¾ vote
A strata corporation is entitled to sue one or more of the owners in the Supreme Court provided the suit has been authorized by a resolution passed by a three-quarter vote at an annual general meeting or a special general meeting called for the purpose. By contrast, a claim may be made in the Provincial Court under the Small Claims Act without such a resolution, provided the strata corporation has passed a bylaw that dispenses with the need for authorization. The issue on this application is whether authorization by way of a three-quarter vote is required to continue with an action in the Supreme Court of British Columbia where the claim had been commenced in the Provincial Court but was subsequently transferred.
The Court held that a ¾ vote was required.
