What is the standard of care of a strata corporation in a s. 164 oppression claim?
British Columbia, Canada
The following excerpt is from Radcliffe v. The Owners, Strata Plan KAS1436, 2014 BCSC 2241 (CanLII):
The respondent’s submissions on the merits of the case are framed in terms of a negligence claim and not a s. 164 oppression claim; counsel refers me to Basic v. Strata Plan LMS 0304, 2011 BCCA 231 and Kanye v. Strata Plan LMS 2374, [2013] B.C.J. No. 56 which deal exclusively with a strata corporation’s duty and standard of care. The respondent points out that a strata corporation has a duty to act reasonably in the circumstances and is not an insurer of all damages suffered or losses incurred by the individual unit owners (Basic).
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