Can an owner withdraw a dispute in a strata plan?
British Columbia, Canada
The following excerpt is from HARVEY v. The Owners, Strata Plan VR 390, 2019 BCCRT 1416 (CanLII):
11. In September 2019, the owner requested to withdraw this dispute, as well as 2 others she had filed. The strata objected to the owner’s request to withdraw and argued that the litigation history between the parties suggested the owner might file the same dispute again in the future, so deciding the dispute would bring finality. In a preliminary decision dated September 19, 2019, I denied the owner’s request to withdraw the 3 disputes. With respect to this dispute, I applied the analysis set out in Grand-Clement v. The Owners, Strata Plan KAS2467, 2017 BCCRT 45. I concluded that allowing the owner to withdraw her dispute, with the possibility that she could re-filed it later, would prejudice the respondent after having already completed most of the facilitation process.
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