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Vernon strata ordered to pay $45K to owners who were 'singled out' over patio planters
Justice Briana Hardwick said the strata singled out the couple and delayed restoring irrigation for four years after other rooftop patios got it back.
Supreme Court Justice Briana Hardwick recently ordered a Vernon strata to pay a Calgary couple close to $45,000, ending a decade-long legal saga involving rooftop patio planters at the Strand complex.
The conflict began in 2013 when the strata shut off rooftop irrigation to address roof leaks, leaving The Chisholms without functional planters for over 10 years until the summer of 2023.
In a finding of unfair treatment, Hardwick ruled the strata "singled out" The Chisholms, noting the council waited four years longer than other owners to restore their irrigation system.
The Justice ordered the strata to pay $16,800 for planter costs and $28,000 in damages, accounting for the four-year period the couple lacked irrigation while neighbours had service.
Neither side escaped criticism, as Justice Hardwick described the case as a "series of acrimonious disputes, costly repairs, allegations of misconduct and unilateral acts by both sides.