What is the test for interpretation of section 141(3) of the Rental Restriction Act?
British Columbia, Canada
The following excerpt is from Mathews v. The Owners, Strata Plan VR 90, 2016 BCCA 345 (CanLII):
The question of statutory interpretation that lies at the heart of this appeal has been the subject of conflicting decisions in the court below. In Carnahan v. The Owners Strata Plan LMS522, 2014 BCSC 2375, the court held that s. 141(3) requires a strata corporation to set out in a rent restriction bylaw the criteria that will be applied in deciding whether permission to rent will be given to an owner. By contrast, a rent restriction bylaw was upheld in the case at bar even though it was silent on how the strata corporation would decide whether to grant permission to rent.
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