15/03/2019 – Jurisdiction British Columbia
Part 66 published on 01/06/2019
Appeal dismissed. Court of Appeal upholds strata corporation’s rental restriction by-law
The Strata Council questioned the qualifications of the Appellant to be a Strata Council member. The Appellant asserted that he was a tenant and had been assigned the landlord’s right to be elected and, as such, was qualified to be a Strata Council member under Section 28 of the Strata Property Act. The lower Court held that the Appellant was not a tenant (and accordingly was not qualified to be a Strata Council member). [See Condo Cases Across Canada, Part 62, June 2018.]
On Appeal, the appeal was dismissed. The Court of Appeal said that Mr. Jay had failed to provide proper proof of the existence of a tenancy. The Court of Appeal also said:
I observe that this litigation is unfortunate, and, as I indicated previously, unproductive. There should be nothing to stop Mr. Jay from complying with the Act by filing evidence of a tenancy (if one exists) and furnishing a proper notice of assignment of rights to the strata corporation.