B.C. tribunal rejects homeowners' bid for nearly $300K in compensation for lost lake views
B.C.'s Civil Resolution Tribunal has ruled against a couple who sought nearly $300,000 in compensation because their neighbours obstructed their view of Okanagan Lake.
In a decision issued Dec. 22, tribunal member Chad McCarthy dismissed the complaints of Joel and Samantha Becker, which stemmed from their neighbours' placement of two objects on a balcony.
The couple alleged that the objects - which McCarthy refers to in his decision as privacy screens - violated 10 different bylaws implemented by the condo owners' association, known in B.C. as a strata corporation.
The claim sought an order compelling the strata corporation to remove the objects and pay the couple $279,141.18.
McCarthy declined to issue such an order, addressing and dismissing each of the alleged bylaw violations.
The tribunal member ruled that the privacy screens did not meet the criteria for a nuisance, because they were not unsightly or inappropriate and did not interfere with the Beckers' enjoyment of their property, except by partially blocking the couple's view of the lake.
"Loss of a view – even a beautiful view – cannot be characterized as an interference with the use of land that would be intolerable to an ordinary person, so as to create an actionable nuisance," McCarthy wrote, quoting a previous B.C. Supreme Court decision on a similar issue.
McCarthy also rejected the Beckers' argument that the screens constituted "improvements" to their neighbours' property that were made without strata approval, since the screens are not fixed to the ground or attached to anything.
Similarly, McCarthy concluded that the screens are not fences, and therefore not prohibited under the strata's bylaws. Nor are they vegetation, despite being covered in plastic leaves, the tribunal member concluded, since the screens are not living plants.
"In summary, I find that the strata lot 12 owners did not violate any of the 10 bylaws as alleged by the Beckers," McCarthy wrote. "So, I find there was no basis for imposing bylaw violation fines, retroactively or otherwise, on strata lot 12."
The bulk of the compensation the applicants sought - some $180,000 - stemmed from allegedly lost property value caused by the loss of lake views.
McCarthy rejected this request, saying he had found no basis for an order that the strata was responsible for an alleged reduction in value.
"Further, although the Beckers’ strata lot is listed for sale, I find there is insufficient evidence showing that its value has decreased at all, much less as a result of reduced lake views," McCarthy wrote. "The Beckers submitted value calculations based on their strata lot having no lake view, which I find is not the case. I find those calculations are speculative and based on faulty assumptions, and are therefore unreliable."
Other compensation the Beckers sought included:
• $3,721.18 for reimbursement of lawyer fees
• $2,920 for reimbursement of strata fees for “the period of undue hardship”
• $12,500 for the Beckers’ time spent on the issues being disputed
• $30,000 for un-issued bylaw fines, calculated as $200 for each of 10 bylaws allegedly violated each week for 15 weeks
• and $50,000 for “hardship due to discrimination and alienation”
McCarthy dismissed each of these claims, as well, noting that the couple had not named any specific members of the strata council or their neighbours as respondents in their claim.
The action was initiated against the strata only, and in several cases there was no legal mechanism for the strata itself - rather than individual owners - to be held responsible for compensating the Beckers, had their claims been found legitimate, according to McCarthy.
CTVNews.ca Top Stories
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Ex-tabloid publisher testifies he scooped up possibly damaging tales to shield his old friend Trump
As Donald Trump was running for president in 2016, his old friend at the National Enquirer was scooping up potentially damaging stories about the candidate and paying out tens of thousands of dollars to keep them from the public eye.
Here's why provinces aren't following Saskatchewan's lead on the carbon tax home heating fight
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
Caleb Williams, Jayden Daniels and Drake Maye make it four NFL drafts with quarterbacks going 1-3
Caleb Williams is heading to the Windy City, aiming to become the franchise quarterback Chicago has sought for decades.