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
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise’s disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Wildfire near Fort McMurray more than triples overnight, several evacuation alerts remain in place
The fire burning near Fort McMurray grew from 25 hectares to 5,500 hectares over the weekend.
Putin replaces Russian defence minister in rare cabinet shakeup
Russia’s President Vladimir Putin began a Cabinet shakeup on Sunday, proposing the replacement of Sergei Shoigu as defence minister as he begins his fifth term in office.
Suspect sought after fatal slashing in downtown Toronto
Police are searching for a suspect in a homicide investigation after a man was slashed in downtown Toronto on Sunday.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.