Binichakis v. Smitherman (British Columbia Provincial Court)

One of the strata owners cleaned the building’s garage of his own accord, and then sought damages from the strata corporation for “unjust enrichment” on the grounds that the strata corporation benefited from his work.  In dismissing the claim, the Court said: 

I do not doubt that Mr. Binichakis honestly believed that the parking lot had to be cleaned and cleaned properly.  He appeared to me to be a strong willed person, used to just “getting things done”.  He was no doubt very frustrated by the inaction or incompetence of the caretaker.  He acted in good faith in what he thought was the best interests of all the strata owners.  That, however, does not entitle him to any compensation for something he did of his own accord and without the knowledge or acquiescence of the Strata Council.