02/05/2019 – Jurisdiction British Columbia
Part 66 published on 01/06/2019
Leave to appeal refused. Strata Corporation not to be involved in management of rental pool
The Civil Resolutions Tribunal had decided a dispute between an owner and the strata corporation in which the Tribunal held that the strata corporation should not have any involvement in the management of the rental pool in the building. The Tribunal had said:
I find that by being a party to the MRMA (the Master Rental Management Agreement) and by having the ORC (the Owners Rental Committee) be a committee of the strata council, the strata is involved in the management of the rental pool, which is not in the interests of all owners. I find, on a balance of probabilities, that the strata council is not able to act in the interests of all owners when it is involved in the management of the rental pool, because the interests of rental pool owners and non-rental pool owners sometimes compete.
The strata corporation sought leave to appeal the Tribunal’s decision and the Court refused leave. The Court said:
The MRMA is a contract, the interpretation of which involves issues of mixed fact and law: Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (CanLII) at para. 50. The CRT’s finding that the MRMA is unenforceable flows directly from its interpretation of the contract and, in my view, it is not possible to extract or isolate the remedy granted in order to characterize it as a pure question of law.
The Owners, Strata Plan NES 3120 v Jedmen Holdings Inc., 2019 BCSC 688