LETTERS: Legal ruling misinterpreted

Editor:

Re: Strata eviction delayed by judge, Aug. 28.

Editor:

Re: Strata eviction delayed by judge, Aug. 28.

The article wrongly implies the court has ordered a stay of a court-ordered sale of my apartment.

In fact, the court has not ordered the sale of my apartment. It has only ordered that the strata corporation conduct a meeting at which all owners will be able to vote for, or against, the continuation of the legal proceedings – an opportunity that was denied owners when the previous strata council commenced the petition on behalf of all owners in February 2013.

The article’s statement that “(the court) dismissed Louis’s claim of a rights infringement, ruling that Canada’s Charter of Rights and Freedoms only applies to government bodies” is also misleading. The court did not rule that my rights were not infringed. More accurately, the court ruled that the charter could not be invoked as a means of defending against rights that I had argued had been infringed – a finding that I will be appealing.

(Editor’s note: In his reasons for judgment, Justice Trevor Armstrong wrote: “Mr. Louis’s claim that his charter rights have been infringed… is dismissed. He later added: “I order that the strata petition be stayed until there has been a three-quarter vote at a meeting in favour of continuing the strata petition against the owners.”)

The sections of the act that I am attempting to have struck down as unconstitutional include several that enable strata corporations’ strata councils to disenfranchise owners and to launch court actions on behalf of all owners without first obtaining their approval.

I will first be filing an application for Justice Armstrong to clarify his Aug. 25 ruling so that it definitively indicates whether he has found that the sections of the strata property act I am attempting to have struck down are unconstitutional.

Roderick V. Louis, White Rock

 

 

Just Posted

55-year-old man taken to hospital after fire at Surrey RV park

Firefighters find man suffering from smoke inhalation, burns to face and hands: battalion chief

Coldest Night an event for warm hearts

Sources’ White Rock event one of 130 walkathons across Canada on Feb. 23

Guatemala mission offers hope, health

Peninsula team to visit remote villages, build a home, in Piedra Blanca

MK Delta Lands development another step closer to breaking ground

Delta needs Metro Vancouver’s okay before swapping hundreds of acres and adding it to Burns Bog

VIDEO: A new Hive climbing/fitness facility coming to Surrey in 20,000-sq.-ft. space

‘Bouldering’ and other activities planned at site near Pattullo Bridge

VIDEO: Historic night in Red Deer as 2019 Canada Winter Games kicks off

Star-studded Opening Ceremony features athletes from across Canada

B.C. couple attacked with acid, slashed with knife in Vietnam

Warning, graphic images: Man has burns on 80 per cent of his body, slashed with knife

Flying squirrels found to glow pink in the dark, including two from B.C.

Squirrels from Hope and Abbotsford were included in the biologists’ database

Ontario police field complaints over Amber Alert for missing girl, 11, found dead

Some said the Amber Alert issued late Thursday for Riya Rajkumar disrupted their sleep

Northern B.C. First Nation clan says ancient tools found at pipeline work site

Archeologists from the Smithsonian Institute estimate one of the stones found dates back up to 3500 years

Wilson-Raybould resignation stokes anger, frustration within veterans community

Liberals have had three veterans-affairs ministers — Kent Hehr, Seamus O’Regan and Wilson-Raybould

No Center of Gravity festival in Kelowna this summer: organizers

COG organizers said the hope is to return to the Okanagan in 2020

Names keep adding to vaccine petition started by B.C. mom

Maple Ridge mom started campaign to make vaccination a condition of attending school

Most Read

l -->