09/19/2018 – Jurisdiction British Columbia
Part 64 published on 12/01/2018
Owner not in contempt. Court declines to order sale of unit
The respondent had previously violated the strata corporation’s age restriction by-law and had engaged in inappropriate threats as well as abusive language and harassing behavior. As a result, the strata corporation had obtained a previous order which, among other things, included an order that the respondent refrain from occupying the unit and from uttering any abusive or obscene comments directed at any owner or their families.
The strata corporation alleged that the respondent had violated the order, and accordingly applied for a further order declaring the respondent to be in contempt and ordering a sale of the unit.
Although the Court did find that the respondent had violated the previous order in one respect, the Court declined to find her in contempt or to order that the unit be sold. Critically, the Court held that the evidence did not indicate that she had continued to occupy the unit or that she had been guilty of abusive or harassing language or behavior (since the order).