What is the test for repair of a solarium in a residential unit?
British Columbia, Canada
The following excerpt is from Elahi v. Owners, Strata Plan VR 1023, 2011 BCSC 1665 (CanLII):
I was referred to a decision of Cullen J. in the matter of Kearsley v. The Owners, Strata Plan KAS 1215, 2008 BCSC 1606, 90 B.C.L.R. (4th) 143, a case dealing with window repair in an area contained within a solarium. While there are some factual similarities, I have concluded that the decision in that case does not determine the outcome in the present matter.
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