French-fry-related fine must be reversed, B.C. tribunal rules
B.C. condo owners were fined $200 for breaching a bylaw because their tenant dropped a single French fry in the elevator lobby, according to a decision from the province’s Civil Resolution Tribunal.
The owners of the condo were challenging the French-fry-related fine, as well as another one for the same amount, on the grounds that evidence of the bylaw breaches was obtained from CCTV video – violating provincial privacy legislation.
The dispute between BCFS Residential Rentals Ltd., a company that owns and rents out two units in the building, and the council, which imposed the fines, dates back to 2022 and was settled last week. In B.C., the common assets of a condo building are owned by a strata corporation and managed by a strata council.
BCFS was asking the tribunal to find the fines were invalid and to order the strata to “stop using CCTV recordings to monitor residents and enforce its bylaws,” according to the decision.
The strata, for its part, argued the fines were valid and that the tribunal did not have jurisdiction to weigh in on the privacy issues.
The issue of the CCTV video came up when tenants disputed the pair of fines – one for “dropped food” and another for “loud noises,” the tribunal’s decision explains.
“Other than the CCTV recordings, there is no supporting evidence, such as witness statements, confirming the tenants alleged conduct,” tribunal member J. Garth Cambrey wrote, adding that the complaint form submitted said it was filed by “the council.”
It was only when reviewing the recordings that BCFS realized the complaint about dropped food was bases on the errant French fry.
In September of 2022 – Once BCFS realized the complaints were based on CCTV video – the company contacted B.C.’s Office of the Information and Privacy Commissioner to inquire about whether the Personal Information Protection Act was in play.
“The PIPA governs how private organizations, including strata corporations, can collect, use, and disclose an individual’s personal information,” the decision says.
“Generally speaking, organizations must be authorized to collect, use, and disclose personal information with prior notice and either express or implied consent.”
In May of 2023, the OIPC wrote to BCFS and the tenants and said using CCTV footage to enforce bylaws was contrary to the legislation. The tribunal found the fines were “significantly unfair” because of this.
“It would not have been possible for the strata to identify the tenants without the recordings, since there is no other supporting evidence about who was responsible for the noise and French fry, other than the council complaints,” Cambrey wrote.
However, the tribunal also found it could not order the strata to stop using its CCTV video in this manner, noting that the OPIC has “exclusive” jurisdiction to order organizations to stop “collecting, using, or disclosing personal information.”
The strata was ordered to reimburse BCFS $400 in bylaw fines, as well as pay the company $225 for tribunal fees and $38.99 in pre-judgment interest.
CTVNews.ca Top Stories
Trump's Madison Square Garden event features crude and racist insults
Donald Trump took the stage Sunday night at New York’s Madison Square Garden to deliver his campaign's closing argument with the election nine days away after several of his allies used crude and racist insults toward U.S. Vice-President Kamala Harris and other critics of the former president.
B.C. election results: Mail-in ballots heavily favour NDP, only absentee ballots left to count
The majority of mail-in ballots tallied this weekend for the final count in B.C.’s nail-bitingly close 2024 provincial election went to the NDP, increasing the party’s chances of clinching a third term.
Here's when you need to change your clock back
Millions of Canadians will notice their clocks turn back by one hour on Nov. 3, marking the end of daylight saving time this year.
New polls show Sask. NDP leading over Sask. Party ahead of election day
A pair of new pre-election polls indicate that the Saskatchewan NDP has a slight lead ahead of election day.
17-year-old charged for driving 188 km/h on Hwy. 417 in Ottawa
A 17-year-old Ottawa driver was caught speeding nearly 90 km/h over the speed limit on Highway 417.
Hollywood star Victor Garber gets emotional after surprise meeting with his former teacher in London, Ont.
Victor Garber got teary-eyed when he walked into a brunch in his honour Sunday in London, Ont.
Another bumpy week ahead as Trudeau faces deadlines from Liberal MPs, Bloc
Another week, another raft of imminent challenges to Justin Trudeau's leadership of both the country and the Liberal Party.
He lost a finger and survived a kidnapping. Then, this climber took on a 9,000-foot 'death-trap'
With jaw-dropping big wall ascents and a life packed with adrenaline and adventure, climber Tommy Caldwell has had a career worthy of – and captured by – a feature film.
How to make sure your used clothes go to the right place – and not to organized crime
Giving away used clothes for a second life feels like an act of charity – and it often is. But it’s become more complicated. A W5 investigation has discovered allegations that organized crime players are muscling in on charities to access their donation bins.