What is the standard of reasonableness of a strata’s decision to rely on a contractor who has been found to have made a mistake in a repair project?

British Columbia, Canada


The following excerpt is from West et al v. The Owners, Strata Plan BCS 2637, 2018 BCCRT 695 (CanLII):

63. As noted in Weir v. Strata Plan NW 17, 2010 BCSC 784, the strata may have several reasonable options to undertake necessary repairs, and the standard is reasonableness. The fact that one of the options may prove to be a more cautious approach, or turn out in hindsight to be the less wise or preferable course of action, will not provide a basis for overturning the strata’s decision about the repair option selected, as long as that option was a reasonable one. The strata is also entitled to reasonably rely on its contractors, even if those contractors are later found to have erred. Windows, doors, flashing and drafts

Other Questions


Is a strata corporation obligated to maintain and repair common property and common assets to a standard of reasonableness? (British Columbia, Canada)
What is the test for the Court of Appeal to determine whether a strata can be found to be performing its repair and maintenance duties under a Strata Plan? (British Columbia, Canada)
Does a strata have an obligation to repair or repair the exterior of the strata building? (British Columbia, Canada)
Can a Strata be ordered to pay to restore a strata lot to paint ready condition where it has repaired or repaired CP units that were deliberately removed to resolve CP issues? (British Columbia, Canada)
What is the test for a strata corporation to carry out its duty to repair and provide maintenance and repair services to an entire strata plan? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (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)
What is the reasonableness standard for a Minister to make a decision in respect of Charter rights? (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)
Is a strata liable to reimburse an owner for expenses incurred to repair the interior of the strata lot? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.