Is a strata corporation entitled to dismiss a claim under Rule 19?

British Columbia, Canada


The following excerpt is from Reid v. The Owners, Strata Plan LMS 2503, 2007 BCSC 1396 (CanLII):

Finally, the plaintiffs argue that the strata corporation has not met the stringent test required to dismiss a claim under Rule 19: Odhavji Estate v. Woodhouse. It is not “plain and obvious” that the plaintiffs’ action must fail. Decision

Other Questions


In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Is Lot 7 a strata corporation entitled to a specific performance claim against the respondent? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
Can a strata corporation impose a fine on a non-strata corporation? (British Columbia, Canada)
Can a strata corporation claim an indemnification from an owner for the expenses incurred to investigate and repair the source of a leak? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation? (British Columbia, Canada)
What is the test for dismissing an application to dismiss a claim? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.