Strata Corporation Bylaws and Rules (22:X): Difference between revisions

Generally, the requirement for an offending person fined under s 130 to pay reasonable costs of remedying the contravention does not include legal costs, as it includes, at most, tariff costs. The courts have been moving away from this approach, as can be seen in [https://canlii.ca/t/hmshf ''Strata Plan KAS 2428 v Baettig'', 2017 BCCA 377], where the court concluded that reasonable legal costs may be recoverable under section 133 as the purpose of the section is to ensure that those owners who comply with the bylaws and rules are not made to carry the burden of financially remedying infractions committed by other owners. This principle was further discussed in [https://canlii.ca/t/hvk3j ''Strata Plan NWS3075 v Stevens'', 2018 BCSC 1784], and has continued to be applied since.