Pendrell Place, Vancouver: Oldaker wins leave to appeal costs award

Oldaker wins again in long running battle with the owners of Pendrell Place 

Today, September 28, 2009, 11:59 a.m:

The Court of Appeal of British Columbia granted Richard B. Oldaker leave to appeal the decision of the Supreme Court in L052371 that the Strata Corporation pay costs at scale B.

Mr. Oldaker successfully sued the Strata Corporation for breach of its duty to repair and maintain the common property.

Mr. Oldaker was deprived of the use of his Pendrell Street condominium for more than eight years because of leaks, rot and mould.

The Supreme Court also found that the Strata corporation's treatment of Mr. Oldaker was significantly unfair.

Only Mr. Oldaker lost the use of his condominium.  Former members of the Strata Council sold their condominiums at a profit whereas Mr. Oldaker's was left uninhabitable from June 2000 to November 2008.

Pursuant to the Strata Property Act, the judgment against the Strata Corporation is a judgment against the owners.

Mr. Oldaker was represented by Robert D. Holmes of Holmes & King.

The Strata Corporation, "The Owners, Strata Plan VR 1008", was represented by G. Stephen Hamilton of Hammerberg Altman Beaton & Maglio.

The owners now face the task of raising more money if they choose to oppose Mr. Oldaker's appeal.

The owners of three strata lots, Keith F. Andrews, Denise M. Hamilton, and Nevena and Nikica Vojic, represented by Richard P. Hamilton, the husband of Denise M. Hamilton, took no position with respect to Mr. Oldaker's application for leave to appeal the award of costs.

Mr. Richard P. Hamilton told the Supreme Court that his clients should be exonerated from paying costs because his clients consented to and did not oppose Mr. Oldaker's petition seeking an order that the leaky walls surrounding his unit be repaired by the Strata Corporation.

It remains to be seen who will pay Mr. Oldaker's legal costs, more than $200,000, and who will pay for the damage that he has suffered, including the loss of rental income for more than eight years.

The Court of Appeal may also provide an answer as to whether Strata Council members who breach their fiduciary duty to the Strata Corporation and who cause a Strata Corporation to breach its statutory duty should personally pay the Strata Corporation's legal costs and the claims for damage brought by a strata lot owner who has been unlawfully deprived of the use of his or her strata lot because of leaks, rot and mould.