Facts: Dispute between strata owners who are full-time residents and those who rent out their suites. Issues with management and governance by the strata corporation, including handling complaints and maintenance.
Issue: Plaintiffs allege negligence by the strata corporation in managing the property, leading to deterioration of living conditions and property value.
Court's Ruling: The court's ruling in "Rochette v. Bradburn" involved several key decisions:
Strata Corporation's Application Dismissed: The court dismissed the Strata Corporation’s application to strike the notice of civil claim, allowing the plaintiffs to amend their notice to properly plead their damages claim.
Amendment Allowed: Plaintiffs were given leave to amend the notice of civil claim to adequately address and plead their damages claim. The court set a deadline of 30 days from the release of these reasons for the plaintiffs to file and serve the amended notice.
Mixed Success: The court acknowledged mixed success in the application, leading to the decision that each party would bear their own costs.
Costs/Damages Awarded: The specific amount of costs or damages awarded to the successful party was not mentioned in the accessible content of the document.
