![]() ![]() The tribunal member’s conclusion certainly does not border on the absurd," he wrote. "I cannot say that the central reasoning and analysis, nor the ultimate conclusion, is patently unreasonable. The new evidence the strata sought to introduce in support of its case and its claim that the hot tub was not patio furniture was rejected by the court as inadmissible, "wholly irrelevant" and "of extremely marginal relevance." Even if it had been admitted, Tammen said it would not have changed the original decision, which he upheld. The strata said that the tribunal had made a mistake when interpreting the by-law allowing patio furniture also allowed the hot tub, saying that interpretation was inconsistent with "the plain and ordinary meaning of the term" and also that it was not explicitly mentioned on a list of permissible items alongside barbecues and flower pots. The strata asked for that decision to be reviewed by a judge, arguing that it was "patently unreasonable" and should be reversed, the court decision says. ![]() Key to the determination that the inflatable hot tub was patio furniture was the fact that it was easily movable and could be quickly and easily drained and deflated. Looking forward to trying out the splash in play this summer Overall, the Little Tikes Splash n' Spray Indoor/Outdoor 2-in-1 Inflatable Bouncer is an excellent value for its price point and will provide hours of. ![]() In the absence of a bylaw contravention, I find the strata has no authority to require the applicants to remove the hot tub from the patio," Tribunal Member Kristin Gardner wrote in that decision. The Little Tikes Splash n' Spray Indoor/Outdoor 2-in-1 Inflatable Bouncer is incredible We put up in garage because of winter weather. "I have found the applicants’ inflatable hot tub is patio furniture, I find the bylaws expressly permit the applicants to have the hot tub on the patio. John Emmerton and Van Ortega took the dispute to the tribunal in December of that year and a decision was handed down in August of 2022. "After the strata council learned of the placement of the hot tub on the patio, it initiated bylaw enforcement processes pursuant to its bylaws and the Strata Property Act," Tammen wrote in his ruling. 4.3 4.3 out of 5 stars 281 ratings 20 answered questions. Supreme Court last month after the strata filed for a review of an earlier decision by the province's Civil Resolution Tribunal.Īccording to the decision, the owners live on the 26th floor of a tower in downtown Vancouver and set up the inflatable hot tub in September of 2021 after the strata rejected their request to do so. BOUNTECH 8 in 1 Inflatable Bounce House, Bouncy House with Ball Pit for Kids Indoor Outdoor Party Family with Blower, Canopy, Obstacles, Toddler Jumper Bouncy Castle for Park, Birthday Party Gift. Justice Michael Tammen ruled on the case in B.C. Two Vancouver condo owners will be able to keep an inflatable hot tub on their balcony after a judge found that the item constituted patio furniture and was allowed under the strata's bylaws. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |