What is the test for making a remedy for nuisance in a strata plan?
British Columbia, Canada
The following excerpt is from Dhanani v. The Owners, Strata Plan NW 2265, 2021 BCCRT 282 (CanLII):
83. In The Owners, Strata Plan LMS 3539 v. Ng, 2016 BCSC 2462, the court said that in cases of nuisance, a remedy should be made without undue delay once the respondent is aware of the nuisance. The court found that a strata lot owner had brought to the strata’s attention facts that required investigation, and failure to conduct that investigation amounted to a failure to use reasonable care to discover the facts.
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