February.18.2025

Trinden Enterprises Ltd. v The Owners, Strata Plan NW2406, 2024 BCSC 2297

In the recent decision, Trinden Enterprises Ltd. v The Owners, Strata Plan NW2406, 2024 BCSC 2297, BC Supreme Court finds strata in contempt due to its failure to comply with an order made by the Civil Resolution Tribunal (the “CRT”). Established under the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, the CRT was intended to offer a more claimant-friendly forum to resolve strata disputes, the majority of which involved small claims not worth litigating in court. However, recently published CRT decisions show increasingly large sums at stake in these claims. Such was the case in Trinden Enterprises, where the dispute among strata members involved $200,000 needed for elevator renovations. As the parties could not agree on the funding, they took their dispute to the CRT but later chose to delay compliance with the CRT order, which resulted in the BC Supreme Court finding the strata to be in contempt of court.

Olga Shaporenko discusses the case, and the risks associated with civil contempt applications.

Click here to view the briefing note