Court Ordered Sale

In a follow up to our previous post regarding a Court Order requiring an Owner and his spouse to cease and desist particularly egregious behaviour, the Supreme Court has ordered that they sell their suite and depart within one month.

You can read the ruling here.

A CBC summary can be read here.

Needless to say, the behaviour described in the ruling (which has only gotten worse since the original order) is somewhat unique.  While every Strata has it’s outliers, the sorts of actions described in the ruling on the part of the respondents isn’t your typical everyday nuisance resident. That being said, it’s important to be reminded of some of the steps that the Strata took which made the Court’s job relatively straight forward – documenting every complaint, sending letters, offering hearings, obtaining affidavits about the behavior, and probably most importantly, engaging legal counsel to provide advice and make applications to the Courts.

When dealing with ongoing cases of nuisance behavior, we encourage all Strata Councils to ensure that the complaints are documented and legal counsel is engaged as soon as it becomes apparent that issuing fines is not going to be a sufficient remedy.