B.C. homeowner wins battle against strata's hot tub ban
A B.C. homeowner has won a battle against his strata's hot tub ban – but he might not win the war.
The dispute over Doug Fleming's portable hot tub started two years ago, and came to a head this week at the province's small claims tribunal.
The Civil Resolution Tribunal's decision, published Monday, means Fleming can fill his boots – or, more literally, his detached hot tub – without fear of retribution from his strata corporation, at least for the time being.
The tribunal heard Fleming's strata manager first approached him about his hot tub in May 2020, and asked him to seek council's approval before continuing to use the leisure product on his limited common property patio.
"Mr. Fleming did not seek approval," tribunal member Micah Carmody wrote in the decision.
Later that year, council decided to move ahead with a new rule barring the use of any hot tub or Jacuzzi, either portable or attached, on common property or limited common property within the strata.
Fleming received a written notice in October 2021 that he was violating the hot tub ban, and another in March 2022 giving him three days' warning to remove the tub or face a fine of up to $50 per week.
Carmody noted that stratas are well within their right to govern the "use, safety and condition" of limited common property – but ultimately found the council had committed a bureaucratic blunder that rendered its own rule unenforceable.
Under B.C.'s Strata Property Act, new rules take effect immediately, but must be ratified with a resolution, passed with a majority vote, at the next Annual General Meeting in order to remain in effect permanently.
Fleming argued the AGM vote held in November 2020 was invalid – in part because strata members were not given the option of voting by proxy using a person of their choosing, as required by SPA Section 56 – and Carmody agreed. The tribunal member ordered the strata to stop enforcing its rule prohibiting hot tubs immediately.
Still, Fleming might not have long to bask in the warm waters of victory.
"Nothing in this decision prevents the strata council from making a new rule prohibiting hot tubs," Carmody noted.
B.C.'s Civil Resolution Tribunal is a part of the province's justice system that was designed to handle some civil law disputes without the need for lawyers or court hearings.
Members make decisions based on "a balance of probabilities," meaning they must find a claim more likely than not to be true.
CTVNews.ca Top Stories
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.