B.C. man on the hook for strata's $15K in legal fees, tribunal finds

This stock photo shows a woman scrutinizing an invoice with a magnifying glass. (Credit: Shutterstock)

The "volume and severity" of complaints against a B.C. condo owner for violating building bylaws were sufficient to justify hiring a lawyer to handle them, a tribunal has ruled, dismissing the man's bid to be let off the hook for $15,000 in legal fees.

Michael Throssell was disputing the legal bill he was handed by his strata council before he sold his unit and moved out – even though paying the legal fees was part of a settlement he reached with the strata council.

Because Throssell had not actually signed that agreement, the tribunal found it was not binding and proceeded to decide the matter of whether the fees were reasonable and necessary in the circumstances.

The decision, published last week, summarized the alleged bylaw breaches for which Throssell was fined.

"These alleged breaches included several instances of noise and nuisance, unauthorized parking, unauthorized rentals, unauthorized fob usage, an unkempt patio, smoking, and common property damage, " tribunal member Alison Wake wrote.

"The strata did not fine Mr. Throssell for all of the alleged breaches, but did fine him a total of $1,400 for noise, nuisance, smoking, and property damage."

According to the decision, the strata's bylaws spell out that an owner is liable for legal fees in cases like these. However, Wake noted that there is an established exception to this if alleged bylaw breaches are "unproven and not admitted."

Throssell argued, in part, that this applied in his case – describing the fines associated with bylaw breaches as "erroneous." However, the decisions said he did not meet his burden to establish that the bylaw contraventions did not occur and that the fines were improperly imposed.

Throssell also argued it was unreasonable and unnecessary for the strata to hire a lawyer to handle the matter and that the legal fees were "exorbitant."

The strata, for its part, argued it had "no choice" but to engage a lawyer. In support of this claim, evidence was submitted showing warnings that went unheeded and fines that went unpaid.

Further, the strata told the tribunal that the situation escalated to the point where police and a SWAT team were called to Throssell's unit – something he did not dispute.

"Overall, given the volume and severity of bylaw complaints, I find it was reasonable for the strata to engage its lawyer to correspond with Mr. Throssell about the alleged bylaw breaches," Wake writes.

When it came to the amount of the fees, the tribunal found that the strata kept Throssell informed about the rising bill by providing him with regular statements of account.

"I find Mr. Throssell has not established that the strata improperly charged him for its legal fees," the decision concluded.