A Langley, B.C. former strata owner has lost his bid to get his former building corporation to pay him $15,000 in damages.
In her Sept. 3 decision, tribunal member Alison Wake said Michael Raymond Throssell claimed the strata unnecessarily charged him for legal fees associated with his alleged breaches of the strata’s bylaws.
Wake said that between May 5 and Oct. 25, 2022, when Throssell was still an owner, the strata — first through its strata manager and later through its lawyer — wrote to Mr. Throssell alleging multiple strata bylaw breaches.
“These alleged breaches included several instances of noise and nuisance, unauthorized parking, unauthorized rentals, unauthorized fob usage, an unkempt patio, smoking, and common property damage,” Wake said.
“The strata did not fine Mr. Throssell for all of the alleged breaches, but did fine him a total of $1,400 for noise, nuisance, smoking, and property damage.”
Wake said Throsell denied the alleged breaches but provided no evidence.
The strata said the legal fees were necessary as he ignored warnings and didn’t pay fines, and that it was entitled to require Throssell to pay them under its bylaws.
Moving fees, lost equity
The strata asked Wake to dismiss Throssell’s claims.
Wake said Throssel further claimed additional claims in his submissions, which were claims not included in his initial dispute notice.
“Specifically, Mr. Throssell also asks the strata to reimburse him for moving fees, realtor fees, and lost equity in the sale of his strata lot,” Wake said.
“Mr. Throssell also argues that the strata’s actions aggravated an unspecified disability. Mr. Throssell did not specify claim amounts for these new claims, and did not provide evidence in support of them.”
Wake said the purpose of a notice is to define the issues and provide fair notice to the respondent of the claims against it.
“I find no extraordinary circumstances exist here to justify adding new claims at this late stage in the CRT’s process,” Wake said. “So, I decline to address Mr. Throssell’s additional claims in this decision.”
The strata said Throssell had agreed to pay the legal fees when he sold his strata lot under a settlement agreement which was provided to the tribunal.
However, Throssell had not signed the agreement.
“I find the alleged settlement agreement does not preclude Mr. Throssell from claiming reimbursement of the legal fees,” Wake said.
