What is the legal test for standing in a building scheme?

British Columbia, Canada


The following excerpt is from Peachland Heights Properties Ltd. v. Wilson, 2006 BCSC 936 (CanLII):

In the absence of any statutory provisions dealing with the matter, the issue of standing falls to be determined on basic principles, and in that regard, the nature and purpose of building schemes is of importance. Dorgan J. considered their general nature in Gubbels v. Anderson, [1994] B.C.J. No. 230 (S.C.), where at paras. 17 and 18 she noted: A building scheme, however, involves a community of interests. Under a building scheme all landowners share similar burdens and enjoy benefits relating to these limitations on property use. Purchasers of property within areas covered by building schemes do so with knowledge of the restrictions and often because they seek the specific benefits provided by the building scheme. The terms imposed are known to each owner and are entered into by the successors in title.

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