Strata eviction delayed by judge

B.C. Supreme Court ruling against White Rock resident who claimed charter rights were infringed.

A White Rock man’s claim that his rights were infringed by his strata council was dismissed in BC Supreme Court this week.

The ruling was passed down Tuesday by Justice Trevor Armstrong, in response to Roderick Louis’s petition that his rights under the Canadian Charter of Rights and Freedoms were violated, when the strata at his Martin Street condominium in 2013 ordered the sale of the apartment in which he resides.

However, while Armstrong dismissed Louis’s claim of a rights infringement – ruling that the Charter only applies to government bodies, which a strata corporation is not – he ordered the strata to provide Louis with minutes and notices of strata meetings, and to stay its ordered sale on the unit until a vote is held with three-quarters in favour of continuing the petition.

The condo was owned by Louis’s mother, until her death in 1999; Louis lives there under an agreement with his brother and the executrix of his mother’s estate.

Louis and the strata council have long been at odds; according to Armstrong’s ruling, Louis stopped paying strata fees in 2012, however payment disputes date back to 2008.

In an email to Peace Arch News Tuesday afternoon, Louis said he is considering appealing the judge’s ruling.

“Today’s court decision unfortunately falls far short of what I strongly feel is required to remedy the many blatant defects in B.C.’s strata property act,” Louis said.

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