CONDOMINIUMS - Bylaws - For management of property - Regarding occupancy standards

Law360 Canada ( November 19, 2024, 12:08 PM EST) -- Appeal by appellant from the reviewing judge's dismissal of its judicial review petition challenging the Civil Resolution Tribunal's decision concerning the Tribunal's interpretation of the Appellant's Bylaw. The respondents owned a strata unit with a large patio and sought the appellant's approval to place a portable hot tub on their patio. Despite the appellant’s refusal, the respondents installed the hot tub, which led to the appellant initiating bylaw enforcement processes. The respondents then filed a dispute notice with the Tribunal, arguing that the appellant misinterpreted its bylaws by refusing to permit the hot tub. The Tribunal ruled in the respondents' favour, interpreting the hot tub as “patio furniture” within the terms of Bylaw 53(4) based on the hot tub’s features of being inflatable and drainable, making it “readily moveable”. The appellant challenged the Tribunal's decision through judicial review, arguing that the Tribunal’s interpretation was patently unreasonable. The reviewing judge upheld the Tribunal’s decision, finding it not patently unreasonable. On appeal, the appellant argued that the Tribunal focused too narrowly on the hot tub’s moveability and did not consider the ordinary meaning of “patio furniture”, the context of other items allowed by the bylaw and the purpose of the bylaw....
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