Can a strata corporation add additional parties to its counterclaim and a third party claim?

British Columbia, Canada


The following excerpt is from Fisher v. The Owners, Strata Plan VR 1420, 2018 BCCRT 151 (CanLII):

38. Given my finding that the strata’s proposed additional parties are not relevant to this dispute, I need not determine if the tribunal as jurisdiction to add them. However, I note that, whereas section 189.1 of the Strata Property Act (SPA) expressly limits applicants of a tribunal claim to strata corporations (and sections), owners, and tenants, there is no similar restriction on respondents. Further, in a recent tribunal decision where this tribunal exercised its discretion to refuse to resolve a similar dispute to this, the ability to add other parties under a strata property dispute in a counterclaim or third party claim was not argued. (See Turenne v. The Owners, Strata Plan NW 1370, 2017 BCCRT 44.)

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