Part 40 published on 01/11/12
Owner’s claim for alleged improper removal from his unit was dismissed
The owner was forcibly removed from his unit by the police, after the strata corporation had obtained an order for foreclosure due to non-payment of strata fees.
The owner sued the realtor and the strata corporation in Small Claims Court. The claim was dismissed. The Court said:
….the undisputed facts do not support the allegation that the Defendants were somehow acting wrongly in enforcing the orders they were able to obtain in the Supreme Court (for possession of the unit). Even if it could be established that the Claimant was unfairly treated by police, the Defendants can not be held responsible for the actions of the police officers. Finally, even if the claim brought by the Claimant against the (strata corporation) disclosed a triable issue, Section 164 of the Strata Property Act requires such claim to be heard in the Supreme Court of British Columbia and not in this court.