Does nuisance constitute nuisance in a strata setting?
British Columbia, Canada
The following excerpt is from Bahmutsky v. Petkau, 2020 BCCRT 244 (CanLII):
37. In a strata setting, nuisance is defined as an unreasonable continuing or repeated interference with a person’s enjoyment and use of their strata lot (see The Owners, Strata Plan LMS 3539 v. Ng, 2016 BCSC 2462). This conduct is also prohibited under bylaw 3(1)(c).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is considered nuisance in a strata setting? (British Columbia, Canada)
What is the tort of nuisance in a strata setting? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Can an owner of a strata without the strata's approval to install a hot water heater without the approval of the Strata? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
What constitutes nuisance in a residential strata lot? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
What is the test for a strata corporation to carry out its duty to repair and provide maintenance and repair services to an entire strata plan? (British Columbia, Canada)
