Does s. 118(a) of the Statutory Guidelines for "reasonable legal costs" apply to a strata corporation in registering and enforcing a lien against a delinquent unit owner?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan KAS 2428 v. Baettig, 2017 BCCA 377 (CanLII):

There is, however, another aspect to this argument I do find persuasive. If “reasonable legal costs” under s. 118(a) means “court costs” generally assessed on a party and party basis, ss. 118(b) and (c) would be redundant because “court costs” have long included both legal fees and disbursements: Gonzales v. Voskakis, 2013 BCSC 675. As the legislature is presumed not to speak in vain, the structure of s. 118 as a whole supports a conclusion that the legislature intended “reasonable legal costs” to encompass the actual costs incurred by a strata corporation in registering and enforcing a lien against a delinquent unit owner, subject to review for reasonableness.

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