Hill v. Strata Plan NW 2477, (1991) 2 B.C.A.C. 289 (CA)

Judge:Taggart, Toy and Proudfoot, JJ.A.
Court:Court of Appeal of British Columbia
Case Date:June 17, 1991
Jurisdiction:British Columbia
Citations:(1991), 2 B.C.A.C. 289 (CA)
 
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Hill v. Strata Plan NW 2477 (1991), 2 B.C.A.C. 289 (CA);

    5 W.A.C. 289

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Lawrence Sutherland Hill and Monica Katherine Hill (petitioners/respondents) v. The owners, Strata Plan NW 2477 (respondents/appellants)

(CA012112)

Indexed As: Hill v. Strata Plan NW 2477, Owners

British Columbia Court of Appeal

Taggart, Toy and Proudfoot, JJ.A.

July 4, 1991.

Summary:

The owner developer of a strata development agreed to sell to the Hills an apartment with two parking stalls. The strata plan prescribed one parking stall per apartment. The issue here was whether the owner developer could "guarantee" the Hills exclusive use of two parking stalls.

The trial court granted relief to the Hills with respect to the use of two parking stalls. The owners appealed.

The British Columbia Court of Appeal allowed the appeal. The court held that the Hills were entitled to only one parking stall.

Real Property - Topic 8826

Condominiums - Developers - Rights of, respecting common areas - An owner developer sold an apartment along with two rather than one parking stall - The strata plan prescribed one parking stall per apartment - The British Columbia Court of Appeal held that the owner developer exceeded his authority respecting the sale of the second parking stall - The court stated that the sale of the second stall would have been valid if the second stall had been designated "limited common property" (see paragraph 17).

Cases Noticed:

Carney v. Owners Strata Plan VR 634, 30 B.C.L.R. 324, dist. [para. 19].

York Condominium Corp. No. 167 et al. v. Newrey Holdings Ltd. et al. (1981), 32 O.R.(2d) 458, refd to. [para. 20].

Statutes Noticed:

Condominium Act, R.S.B.C. 1979, c. 61, sect. 1 [para. 13]; sect. 53(2) [para. 14]; sect. 116, sect. 117 [para. 16].

Counsel:

J. Bleay, for the appellants;

   A. Davis, for the respondents.

This appeal was heard by Taggart, Toy and Proudfoot, JJ.A., of the British Columbia Court of Appeal at Vancouver, B.C., on June 17, 1991. The decision of the court was delivered by Proudfoot, J.A., on July 4, 1991.

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