Is hardship exempt from a rental restriction bylaw on the grounds of hardship?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan NW 375 v. Izowski, 2002 BCSC 924 (CanLII):
Burnyeat, J. in Als v. Strata Corp. NW 1067 [2002] B.C.J. No. 1067 considered whether a claim was exempt from a rental restriction bylaw on the grounds of hardship. He applied the Shorter Oxford English Dictionary definition of hardship as “hardness of fate or circumstance: severe toil or suffering; extreme privation.” I adopt that definition.
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