BC Supreme Court upholds civil resolution tribunal decision that strata’s move-in fees were unreasonable and significantly unfair

In an appeal from a decision of the civil resolution tribunal, the British Columbia Supreme Court has upheld the tribunal’s conclusion that “certain $100 moving fees charged by the Strata Corporation pursuant to its Bylaws 36 and 4(8) were not reasonable and were significantly unfair.” The supreme-court decision contains comments on:

  • the standard of review for tribunal decisions;
  • applying the tests for reasonableness and significant unfairness to a strata-corporation bylaw;
  • whether the tribunal has jurisdiction to remedy a significantly unfair act or decision of a strata corporation.

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Terry Rodgers

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