Binichakis v. Porter (B.C. Supreme Court)

07/05/15 – Jurisdiction British Columbia
Part 51 published on 01/08/15
Various claims against strata corporation (including claims for harassment, intimidation, assault, defamation and oppression) dismissed. Slip and fall claim permitted to continue

The plaintiffs owned a strata lot.  They asserted various claims against the strata corporation and against former members of the strata council, including claims for:

  • Harassment and intimidation
  • Assault
  • Breach of a parking agreement
  • Breach of an agreement for security services
  • Trespass to property (trespass to the plaintiffs’ vehicle)
  • Occupiers Liability (slip and fall)
  • Defamation
  • Oppression (including failure to produce documents and improper levying of fines)

On a Summary Judgement Motion, all of the claims were dismissed for either lack of proof or due to expiry of the limitation period, except for the slip and fall claim.  That claim was allowed to proceed to trial against only the strata corporation.