What remedies can a strata bring against the owner of a condominium unit for breach of section 121 of the CRTA?

British Columbia, Canada


The following excerpt is from Graham v. The Owners, Strata Plan EPS104, 2020 BCCRT 344 (CanLII):

10. Both parties’ submissions raised potential claims and remedies that I find are not properly before me to decide. In submissions, the strata requested orders that the applicants have no contact and stay 100 feet away from the caretakers at all times, and similar orders. The strata did not file a counterclaim. Even if it did, claims for no-contact orders and similar claims that are not connected to the categories listed in section 121 of the CRTA fall outside the tribunal’s jurisdiction (The Owners, Strata Plan KAS 950 v. McDade et al, 2018 BCCRT 462). Accordingly, I decline to consider those requests.

Other Questions


Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
If the owners of a duplex jointly agree to work as a functional strata for the rest of the year, can the owners then seek a court order appointing an administrator to run the strata? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
Can a former owner of a strata plan bring a claim before the Owner's Tribunal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.