Complex Strata Litigation Meets Public Infrastructure

This is a winning judgment obtained by Henderson & Lee Law Corporation in a complex strata dispute in British Columbia.

In Owners of Strata Plan EPS 6068 v. Hope Health Holdings Ltd. Inc., 2025 BCSC 1292, the BC Supreme Court addressed a highly unusual dispute involving a large digital public art screen installed on the exterior of a Burnaby strata development. Henderson & Lee Law Corporation acted as counsel for the petitioner strata corporation.

The dispute arose after transformers required to power this large exterior “Digital Screen” public art installation were removed from the commercial strata units within the building. The Digital Screen had been installed as part of a public art covenant registered in favour of the City of Burnaby during the rezoning and development process.

The strata corporation argued that the transformers were essential components of the Digital Screen, the transformers constituted common property under the Strata Property Act, and the strata corporation had the right and obligation to access strata lots to inspect, maintain, and repair them.

The respondents argued the opposite that the transformers were not common property, that the strata had no authority to compel access, and that the owners were not responsible for allowing reinstallation within their units.

Justice Lamb ultimately ruled that the transformers were indeed “common property” under the Strata Property Act. Importantly, the Court granted a mandatory injunction compelling access to one of the strata lots so the strata corporation could inspect, repair, and reinstall the transformers.

The Court also confirmed that strata corporations may recover legal costs incurred to enforce strata bylaws under section 133 of the Strata Property Act in appropriate circumstances.

This case highlights several important realities about modern strata litigation in British Columbia, such as complex strata disputes increasingly involve technical infrastructure issues, municipal development obligations can create long-term legal consequences for strata corporations and owners, “common property” may include equipment physically located inside private strata units, strata corporations have significant statutory duties to maintain and repair common property, and mandatory injunctions may be granted where owners refuse lawful access.

At Henderson & Lee Law Corporation, we assist clients in navigating high-stakes litigation involving strata property disputes, commercial property conflicts, injunction applications, bylaw enforcement, developer-related disputes, complex evidentiary issues, and Supreme Court litigation. Careful preparation, strategic litigation planning, and detailed statutory analysis are often critical to achieving practical and effective results.

Related Legal Counsel: Chris Wong