13/06/13 – Jurisdiction British Columbia
Part 37 published on 01/02/12
Arbitrator declared moving fee unreasonable. Appeal from arbitrator’s decision dismissed
Part 37 published on 01/02/12
Arbitrator declared moving fee unreasonable. Appeal from arbitrator’s decision dismissed
The by-laws of the strata corporation had established a non-refundable fee of $200 for each move (in or out of the building). An arbitrator determined that this user fee was unreasonable (pursuant to Section 6.9 of the Strata Property Regulation) because it was too high.
The strata corporation appealed the arbitrator’s decision and the Appeal Court dismissed the appeal because the arbitrator had not made a mistake of law.