Strata Dispute Resolution (22:XV) - Revision history

LSLAP at 19:46, 13 October 2025

2025-10-13T19:46:25Z

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	{{REVIEWED LSLAP \| date= ~~August 1, 2024~~}}		{{REVIEWED LSLAP \| date= 24 July 2025}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* B. Section 164 - Significantly Unfair Acts */

2025-09-29T19:49:35Z

B. Section 164 - Significantly Unfair Acts

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	== B. Section 164 - Significantly Unfair Acts ==		== B. Section 164 - Significantly Unfair Acts ==

	If strata lot owners are unhappy with their treatment by a strata corporation, they can use section 164 of the ''SPA'' to remedy “significantly unfair” actions or decisions~~. On application of an owner or tenant~~, ~~the Supreme Court may make any interim or final order it considers necessary to prevent or remedy a significantly unfair~~		If strata lot owners are unhappy with their treatment by a strata corporation, they can use section 164 of the SPA to remedy “significantly unfair” actions or decisions, which provides as follows:

	# Action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant; or		:(4)On application of an owner or tenant, the Supreme Court may make any interim or final order it considers necessary to prevent or remedy a significantly unfair
	# Exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.
			::(a) Action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant; or
			::(b) Exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

	The CRT has the same authority to make orders about significantly unfair acts and decisions under the ''CRT Act''.		The CRT has the same authority to make orders about significantly unfair acts and decisions under the ''CRT Act''.

LSLAP: /* 2. Remedies Available at Court */

2025-09-29T19:48:06Z

2. Remedies Available at Court

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	=== 2. Remedies Available at Court ===		=== 2. Remedies Available at Court ===

	The courts have a wide range of remedies available when dealing with disputes under the ''SPA'', in addition to any that may be available at common law. The remedies available will depend on what section of the SPA is used and what sections of the ''SPA'' are alleged to have been breached by the offending party.		The courts have a wide range of remedies available when dealing with disputes under the ''SPA'', in addition to any that may be available at common law. The remedies available will depend on what section of the ''SPA'' is used and what sections of the ''SPA'' are alleged to have been breached by the offending party.

	==== a) Declarations ====		==== a) Declarations ====
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	==== d) Damages ====		==== d) Damages ====

	Damages are available to a strata lot owner in a negligence of contract claim. The CRT has also awarded damages for significant unfairness for breaching the SPA (''[https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt481/2019bccrt481.html Lozjanin v The Owners, Strata Plan BCS 3577]'', 2019 BCCRT 481), although the Supreme Court has not ruled on whether those types of damages are allowed.		Damages are available to a strata lot owner in a negligence of contract claim. The CRT has also awarded damages for significant unfairness for breaching the ''SPA'' (''[https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt481/2019bccrt481.html Lozjanin v The Owners, Strata Plan BCS 3577]'', 2019 BCCRT 481), although the Supreme Court has not ruled on whether those types of damages are allowed.

	==== e) Costs ====		==== e) Costs ====

LSLAP at 18:19, 29 September 2025

2025-09-29T18:19:57Z

LSLAP at 00:46, 4 August 2024

2024-08-04T00:46:08Z

← Older revision		Revision as of 00:46, 4 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 1, 2024}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* e) Voluntary Dispute Resolution Bylaw */

2024-07-31T22:24:36Z

e) Voluntary Dispute Resolution Bylaw

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	Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:		Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:

	# A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if		* A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if
	::a) all the parties to the dispute consent, and		::a) all the parties to the dispute consent, and
	::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.		::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.
	# A dispute resolution committee consists of		* A dispute resolution committee consists of
	::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or		::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
	::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.		::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
	# The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.		* The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

	Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.		Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.

LSLAP at 22:24, 31 July 2024

2024-07-31T22:24:18Z

Clicklaw Editor: /* e) Voluntary Dispute Resolution Bylaw */

2023-08-22T20:13:56Z

e) Voluntary Dispute Resolution Bylaw

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	* A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if		* A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if
	:::a) all the parties to the dispute consent, and		::a) all the parties to the dispute consent, and
	:::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.		::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.
	* A dispute resolution committee consists of		* A dispute resolution committee consists of
	:::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or		::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
	:::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.		::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
	* The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.		* The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

Clicklaw Editor: /* e) Voluntary Dispute Resolution Bylaw */

2023-08-22T20:13:37Z

e) Voluntary Dispute Resolution Bylaw

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	Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:		Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:

	# A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if		* A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if
	:::a) all the parties to the dispute consent, and		:::a) all the parties to the dispute consent, and
	:::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.		:::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.
	# A dispute resolution committee consists of		* A dispute resolution committee consists of
	:::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or		:::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
	:::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.		:::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
	# The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.		* The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

	Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.		Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.

Clicklaw Editor: /* e) Voluntary Dispute Resolution Bylaw */

2023-08-22T20:10:03Z

e) Voluntary Dispute Resolution Bylaw

← Older revision		Revision as of 20:10, 22 August 2023
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	# A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if		# A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if
	::a) all the parties to the dispute consent, and		:::a) all the parties to the dispute consent, and
	::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.		:::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.
	# A dispute resolution committee consists of		# A dispute resolution committee consists of
	::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or		:::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
	::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.		:::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
	# The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.		# The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

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	==== b) Order for Payment or Reimbursement of Money ====		==== b) Order for Payment or Reimbursement of Money ====

	If a strata lot owner had paid for something that the court finds should have been paid for something that the court finds should have been paid for by the strata corporation, or vice versa, it may be possible to obtain an order requiring reimbursement, like in [https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1121/2004bcsc1121.html ''Blackmore et al v Owners, Strata Plan VR 274'', 2004 BCSC 1121].		If a strata lot owner had paid for something that the court finds should have been paid for something that the court finds should have been paid for by the strata corporation, or vice versa, it may be possible to obtain an order requiring reimbursement, like in ''[https://www.canlii.org/en/bc/bcsc/doc/2004/2004bcsc1121/2004bcsc1121.html Blackmore et al v Owners, Strata Plan VR 274]'', 2004 BCSC 1121.

	==== c) Injunction-like Orders ====		==== c) Injunction-like Orders ====
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	==== d) Damages ====		==== d) Damages ====

	Damages are available to a strata lot owner in a negligence of contract claim. The CRT has also awarded damages for significant unfairness for breaching the SPA ([https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt481/2019bccrt481.html ''Lozjanin v The Owners, Strata Plan BCS 3577'', 2019 BCCRT 481]), although the Supreme Court has not ruled on whether those types of damages are allowed.		Damages are available to a strata lot owner in a negligence of contract claim. The CRT has also awarded damages for significant unfairness for breaching the SPA (''[https://www.canlii.org/en/bc/bccrt/doc/2019/2019bccrt481/2019bccrt481.html Lozjanin v The Owners, Strata Plan BCS 3577]'', 2019 BCCRT 481), although the Supreme Court has not ruled on whether those types of damages are allowed.

	==== e) Costs ====		==== e) Costs ====

	The fact that strata lot owners still must live together, work together, and/or get along with each other after decisions are made, makes it necessary for judges to deal with costs carefully. Paras 32 and 33 of [https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc493/2001bcsc493.html ''Lum v Strata Plan VR 519 (Owners of)'', 2001 BCSC 493] demonstrate costs should be awarded while remaining sensitive to what is in the best long-term interests of the parties in a claim.		The fact that strata lot owners still must live together, work together, and/or get along with each other after decisions are made, makes it necessary for judges to deal with costs carefully. Paras 32 and 33 of ''[https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc493/2001bcsc493.html Lum v Strata Plan VR 519 (Owners of)]'', 2001 BCSC 493 demonstrate costs should be awarded while remaining sensitive to what is in the best long-term interests of the parties in a claim.

	=== 3. Remedies Available at the CRT ===		=== 3. Remedies Available at the CRT ===

	Section 123 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 ''Civil Resolution Tribunal Act'', SBC 2012, c 25] [''CRT Act''] governs orders available in strata property claims and permits the CRT to make an order requiring a party to do or refrain from doing something, or requiring a party to pay money. However, pursuant to subsection (e) the CRT may not make orders requiring the sale or other disposition of a strata lot, or an order in a class of orders prescribed by regulation.		Section 123 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 [''CRT Act''] governs orders available in strata property claims and permits the CRT to make an order requiring a party to do or refrain from doing something, or requiring a party to pay money. However, pursuant to subsection (e) the CRT may not make orders requiring the sale or other disposition of a strata lot, or an order in a class of orders prescribed by regulation.

	== B. Section 164 - Significantly Unfair Acts ==		== B. Section 164 - Significantly Unfair Acts ==
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	=== 1. Legal Test for Significant Unfairness ===		=== 1. Legal Test for Significant Unfairness ===

	The legal test for significant unfairness is the same between the courts and the CRT ([https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc113/2023bcsc113.html ''Dolnik v The Owners, Strata Plan LMS 1350'', 2023 BCSC 113]).		The legal test for significant unfairness is the same between the courts and the CRT (''[https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc113/2023bcsc113.html Dolnik v The Owners, Strata Plan LMS 1350]'', 2023 BCSC 113).

	The basic test for whether an action is significantly unfair is whether it is “burdensome, harsh, wrongful, lacking in probity or fair dealing, or done in bad faith, or conduct that is unfairly prejudicial in that it is unjust or inequitable” ([https://www.canlii.org/en/bc/bcca/doc/2021/2021bcca173/2021bcca173.html ''Kunzler v The Owners, Strata Plan EPS 1433'', 2021 BCCA 173]). The owner’s reasonable expectations are a relevant factor, but they are not determinative.		The basic test for whether an action is significantly unfair is whether it is “burdensome, harsh, wrongful, lacking in probity or fair dealing, or done in bad faith, or conduct that is unfairly prejudicial in that it is unjust or inequitable” (''[https://www.canlii.org/en/bc/bcca/doc/2021/2021bcca173/2021bcca173.html Kunzler v The Owners, Strata Plan EPS 1433]'', 2021 BCCA 173). The owner’s reasonable expectations are a relevant factor, but they are not determinative.

	The following questions can be used to assess whether the owner’s reasonable expectations were breached ([https://www.canlii.org/en/bc/bcca/doc/2012/2012bcca44/2012bcca44.html ''Dollan v The Owners, Strata Plan BCS 1589'', 2012 BCCA 44]):		The following questions can be used to assess whether the owner’s reasonable expectations were breached (''[https://www.canlii.org/en/bc/bcca/doc/2012/2012bcca44/2012bcca44.html Dollan v The Owners, Strata Plan BCS 1589]'', 2012 BCCA 44):

	# Examined objectively, does the evidence support the asserted reasonable expectations of the petitioner?		# Examined objectively, does the evidence support the asserted reasonable expectations of the petitioner?
	# Does the evidence establish that the reasonable expectation of the petitioner was violated by action that was significantly unfair?		# Does the evidence establish that the reasonable expectation of the petitioner was violated by action that was significantly unfair?

	See [https://www.canlii.org/en/bc/bccrt/doc/2023/2023bccrt577/2023bccrt577.html ''Collins v The Owners, Strata Plan NES 2865'', 2023 BCCRT 577] for an application of this test for significant unfairness.		See ''[https://www.canlii.org/en/bc/bccrt/doc/2023/2023bccrt577/2023bccrt577.html Collins v The Owners, Strata Plan NES 2865]'', 2023 BCCRT 577 for an application of this test for significant unfairness.

	=== 2. Proper Parties in Significant Unfairness Claims ===		=== 2. Proper Parties in Significant Unfairness Claims ===

	Section 164 allows a strata lot owner or tenant to apply for an order regarding a significantly unfair action by the strata corporation, including the strata council, or a person who holds 50 per cent or more of the votes at a general meeting. Strata owners should not include as defendants individual strata council members unless those members have “personally benefitted to the detriment of the Strata Corporation as a result of a breach of their duties and obligations owed to the Strata Corporation” ([https://www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc506/2009bcsc506.html ''Azura Management (Kelowna) Corp. v Owners of the Strata Plan KAS 2428'', 2009 BCSC 506] at para 9).		Section 164 allows a strata lot owner or tenant to apply for an order regarding a significantly unfair action by the strata corporation, including the strata council, or a person who holds 50 per cent or more of the votes at a general meeting. Strata owners should not include as defendants individual strata council members unless those members have “personally benefitted to the detriment of the Strata Corporation as a result of a breach of their duties and obligations owed to the Strata Corporation” (''[https://www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc506/2009bcsc506.html Azura Management (Kelowna) Corp. v Owners of the Strata Plan KAS 2428]'', 2009 BCSC 506 at para 9).

	=== 3. Remedies Available under Section 164 ===		=== 3. Remedies Available under Section 164 ===
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	=== 4. Bylaws to Collect Legal Fees ===		=== 4. Bylaws to Collect Legal Fees ===

	Many strata corporations have bylaws that allow them to collect not just costs but legal fees back from owners involved in disputes with the strata corporation. In [https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc1312/2001bcsc1312.html ~~Hammer''berg~~ & Co. v Margitay'', 2001 BCSC 1312], an example of this bylaw was held to be valid, but it could be argued that if costs have already been awarded by the court against a strata lot owner, it might be significantly unfair for the strata corporation to recover legal fees from that same owner.		Many strata corporations have bylaws that allow them to collect not just costs but legal fees back from owners involved in disputes with the strata corporation. In ''[https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc1312/2001bcsc1312.html Hammerberg & Co. v Margitay]'', 2001 BCSC 1312, an example of this bylaw was held to be valid, but it could be argued that if costs have already been awarded by the court against a strata lot owner, it might be significantly unfair for the strata corporation to recover legal fees from that same owner.

	=== 5. Scope of Judge/Tribunal’s Power to Remedy Significant Unfairness ===		=== 5. Scope of Judge/Tribunal’s Power to Remedy Significant Unfairness ===
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	!Significantly Unfair?		!Significantly Unfair?
	\|-		\|-
	\|[https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc1578/2001bcsc1578.html ''Reid v Strata Plan LMS 2503 (Owners)'', 2001 BCSC 1578]		\|''[https://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc1578/2001bcsc1578.html Reid v Strata Plan LMS 2503 (Owners)]'', 2001 BCSC 1578
	\|Strata council resolution giving the owners permission to place planters, etc. on common property patio not significantly unfair to owner whose windows looked over area		\|Strata council resolution giving the owners permission to place planters, etc. on common property patio not significantly unfair to owner whose windows looked over area
	\|No		\|No
	\|-		\|-
	\|[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc134/2002bcsc134.html ''Als v Strata Corporation NW 1067'', 2002 BCSC 134]		\|''[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc134/2002bcsc134.html Als v Strata Corporation NW 1067]'', 2002 BCSC 134
	\|Strata council refused permission to rent strata lot; not significantly unfair		\|Strata council refused permission to rent strata lot; not significantly unfair
	\|No		\|No
	\|-		\|-
	\|[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc381/2002bcsc381.html ''Strata Plan VR1767 (Owners) v Steven Estate Ltd'', 2002 BCSC 381]		\|''[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc381/2002bcsc381.html Strata Plan VR1767 (Owners) v Steven Estate Ltd]'', 2002 BCSC 381
	\|Assessment of contribution to costs of building envelope repair based on erroneous unit entitlement registered at the land titles office in the strata plan is significantly unfair		\|Assessment of contribution to costs of building envelope repair based on erroneous unit entitlement registered at the land titles office in the strata plan is significantly unfair
	\|Yes		\|Yes
	\|-		\|-
	\|[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc673/2002bcsc673.html ''McGowan v Strata Plan NW1018 (Owners)'', 2002 BCSC 673]		\|''[https://www.canlii.org/en/bc/bcsc/doc/2002/2002bcsc673/2002bcsc673.html McGowan v Strata Plan NW1018 (Owners)]'', 2002 BCSC 673
	\|Bylaw allowing balcony enclosure; different treatment of some owners justified by safety issues		\|Bylaw allowing balcony enclosure; different treatment of some owners justified by safety issues
	\|No		\|No

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	== A. Basics of Strata Dispute Resolution ==		== A. Basics of Strata Dispute Resolution ==

	This section discusses a variety of ~~issued~~ related generally to dispute resolution involving strata corporations. It combines ~~discussion~~ of issues specific to strata corporations under the ''SPA'' and general practice issues arising in the context of the affairs and dealings of strata corporations.		This section discusses a variety of issues related generally to dispute resolution involving strata corporations. It combines discussions of issues specific to strata corporations under the ''SPA'' and general practice issues arising in the context of the affairs and dealings of strata corporations.

	=== 1. Methods of Dispute Resolution ===		=== 1. Methods of Dispute Resolution ===
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	Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:		Section 124 of the ''SPA'' permits strata corporations to create dispute resolution bylaws. Standard Bylaw 29 creates such a bylaw, and provides as follows:

	* A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if		# A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if
	::a) all the parties to the dispute consent, and		::a) all the parties to the dispute consent, and
	::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.		::b) the dispute involves the ''SPA'', the ''SPR'', the bylaws or the rules.
	* A dispute resolution committee consists of		# A dispute resolution committee consists of
	::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or		::a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
	::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.		::b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
	* The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.		# The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

	Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.		Strata corporations do not have to use this Standard Bylaw and can wish to create their own voluntary dispute resolution bylaw.
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	=== 3. Remedies Available at the CRT ===		=== 3. Remedies Available at the CRT ===

	Section 123 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 ''Civil Resolution Tribunal Act'', SBC 2012, c 25] (“''CRT Act''”) permits the CRT to make an order requiring a party to do or refrain from doing something, or requiring a party to pay money.		Section 123 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 ''Civil Resolution Tribunal Act'', SBC 2012, c 25] [''CRT Act''] governs orders available in strata property claims and permits the CRT to make an order requiring a party to do or refrain from doing something, or requiring a party to pay money. However, pursuant to subsection (e) the CRT may not make orders requiring the sale or other disposition of a strata lot, or an order in a class of orders prescribed by regulation.

	== B. Section 164 - Significantly Unfair Acts ==		== B. Section 164 - Significantly Unfair Acts ==
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	=== 1. Legal Test for Significant Unfairness ===		=== 1. Legal Test for Significant Unfairness ===

	The legal test for significant unfairness is the same between the courts and the ~~Civil Resolution Tribunal~~ ([https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc113/2023bcsc113.html ''Dolnik v The Owners, Strata Plan LMS 1350'', 2023 BCSC 113]).		The legal test for significant unfairness is the same between the courts and the CRT ([https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc113/2023bcsc113.html ''Dolnik v The Owners, Strata Plan LMS 1350'', 2023 BCSC 113]).

	The basic test for whether an action is significantly unfair is whether it is “burdensome, harsh, wrongful, lacking in probity or fair dealing, or done in bad faith, or conduct that is unfairly prejudicial in that it is unjust or inequitable” ([https://www.canlii.org/en/bc/bcca/doc/2021/2021bcca173/2021bcca173.html ''Kunzler v The Owners, Strata Plan EPS 1433'', 2021 BCCA 173]). The owner’s reasonable expectations are a relevant factor, but they are not determinative.		The basic test for whether an action is significantly unfair is whether it is “burdensome, harsh, wrongful, lacking in probity or fair dealing, or done in bad faith, or conduct that is unfairly prejudicial in that it is unjust or inequitable” ([https://www.canlii.org/en/bc/bcca/doc/2021/2021bcca173/2021bcca173.html ''Kunzler v The Owners, Strata Plan EPS 1433'', 2021 BCCA 173]). The owner’s reasonable expectations are a relevant factor, but they are not determinative.
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	# Does the evidence establish that the reasonable expectation of the petitioner was violated by action that was significantly unfair?		# Does the evidence establish that the reasonable expectation of the petitioner was violated by action that was significantly unfair?

	See [https://www.canlii.org/en/bc/bccrt/doc/2023/2023bccrt577/2023bccrt577.html ''Collins v The Owners, Strata Plan NES 2865'', 2023 BCCRT 577] for an application of this test for significant ~~fairness~~.		See [https://www.canlii.org/en/bc/bccrt/doc/2023/2023bccrt577/2023bccrt577.html ''Collins v The Owners, Strata Plan NES 2865'', 2023 BCCRT 577] for an application of this test for significant unfairness.

	=== 2. Proper Parties in Significant Unfairness Claims ===		=== 2. Proper Parties in Significant Unfairness Claims ===
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	=== 5. Scope of Judge/Tribunal’s Power to Remedy Significant Unfairness ===		=== 5. Scope of Judge/Tribunal’s Power to Remedy Significant Unfairness ===

	The court or CRT have a broad range of powers to prevent or remedy a significantly unfair action of the strata corporation, arising from s 164 of the ''SPA'' and s 48.1 of the ''CRT Act''. The CRT’s remedial power includes awarding general damages.		The court or CRT have a broad range of powers to prevent or remedy a significantly unfair action of the strata corporation, arising from section 164 of the ''SPA'' and section 48.1 of the ''CRT Act''. The CRT’s remedial power includes awarding general damages.

	It is important to note that just because a strata corporation is following the ''SPA'', they may still be acting significantly unfair and breaching section 164. A variety of factors should be considered in every scenario to determine whether a strata corporation could be acting significantly unfair under section 164, including:		It is important to note that just because a strata corporation is following the ''SPA'', they may still be acting significantly unfair and breaching section 164. A variety of factors should be considered in every scenario to determine whether a strata corporation could be acting significantly unfair under section 164, including:
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	=== 6. Cases Decided under Section 164 ===		=== 6. Cases Decided under Section 164 ===

	A few examples of cases decided under s 164 include:		A few examples of cases decided under section 164 include:

	{\| class="wikitable"		{\| class="wikitable"
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	== C. Responsibility for Judgements ==		== C. Responsibility for Judgements ==

	All strata lot owners are responsible for their proportionate share of the total judgement based on their unit entitlement. When a judgement is granted against a strata corporation, it can be registered against the title to all strata lots. When a judgement is in favour of a strata lot owner, that owner is not responsible for legal costs payable by the strata corporation or for a proportionate share of the judgement (ss. 169 and 171(6)).		All strata lot owners are responsible for their proportionate share of the total judgement based on their unit entitlement. When a judgement is granted against a strata corporation, it can be registered against the title to all strata lots. When a judgement is in favour of a strata lot owner, that owner is not responsible for legal costs payable by the strata corporation or for a proportionate share of the judgement (ss 169 and 171(6)).


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