Bullying and Harassment Not in CRT Jurisdiction

Bullying and harassment is a surprisingly common complaint in the strata world. However, owners who have made those claims have received little vindication from the CRT.

In the case of PG v The Owners, Strata Plan ABC XXXX, 2021 BCCRT 427, the owner complained that the strata bullied and harassed him for several years and improperly fined him for providing student tutoring services within his strata lot. 

The CRT refused to deal with the bullying and harassment claims regardless of the volume of evidence that the owner supplied, including audio recordings that were submitted to show that various council members had bullied him and harassed him over several years. The CRT said:

13. . . While there is no doubt that [the owner] believes this to be true, he did not name the strata council members he alleges harassed and bullied him as respondents in this dispute. Therefore, the council members have not had the opportunity to respond to their allegations. I find it would not be in the interests of justice and fairness for me to make an order against a non-party. 

14. Further, I find the strata itself, as the only named respondent, cannot participate in bullying or harassment. Under sections 4 and 26 of the SPA, the powers and duties of the strata are exercised and performed by the strata council. 

15. I also acknowledge [the owner's] allegations that the strata council is intentionally trying to make their life more difficult and aggravating their depressed mental health state. I find these are claims of harassment and they are outside the CRT's jurisdiction for the reasons stated above. 

This case goes to show that an owner has to name the correct respondent in a strata dispute or their claims will not be heard. 

TAEYA FITZPATRICK Taeya Fitzpatrick has specialized in strata law for most of her practice, has won cases for her clients in the BC Supreme Court, the BC Court of Appeal, and assisted with a client succeeding in defending a Civil Resolution Tribunal claim. Taeya offers full services to a strata corporation or a strata owner from redrafting the strata’s bylaws, collection of outstanding strata fees or other charges, issues with bylaw enforcement, to amending the strata plan. For more information on the services provided, you can reach Taeya by email, phone: 250-763-4323, or at her Web Page.