Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
GOLFBALL RAIN OF TERROR # 2 - even tougher to halt GOLFBALLS FROM YOUR OWN STRATA ( B.C.) 2018/05/21 00:14  
It's hardhats for a Kamloops B.C. strata owner.

British Columbia's new Civil Dispute Resolution Tribunal refuses a Kamloops B.C. strata owner's attempts to halt what he claims are too many nuisance golf balls emerging from the amenity golf course of which he is a co-owner himself !

1 - Dictum puts mere "reasonableness" standard on the nuisance source. and . . .

2 - Looks like at best a minimal NUISANCE REMEDY for complaints against your own strata amenity golf course.

The Tribunal cited for this complainant an even lower protection, than available to totally offsite, arms-length neighbour Ms Liu in the next Province ( see GOLFBALL RAIN OF TERROR : covenant-consented vulnerability resumes- LIU v HAMPTONS GOLF Alta )

3 - Why even less protection where the source of the golfballs is your own strata's amenity golfcourse ?

One can speculate : complainant being a co-owner concurrently “shares responsibility” for alleged nuisance. Made deliberate choice. Should courts or tribunals be expected to try difficult benefit-burden analysis and to impose re-designs that would negatively impact others ? Would such even encourage under-diligencers or risk-takers to buy into risk but then congest courts ? Shouldn’t this beef really be better directed to stakeholder remedy, running for strata office or just selling etc ? Take your pick . . .

Moore v. The Owners, Strata Plan KAS 353, 2018 BCCRT 40 issued Feb 15/18
( excerpt :"23. This case is novel, in that while there are a number of “errant golf ball” court decisions, none of them address a strata lot owner claiming in nuisance about golf balls from the strata corporation’s golf course that he partly owns and lives on.

I will refer to this situation as being “in the strata context”. . . .)

4 - CRT expressly prohibits strata corp from this mixed success SRL complainant sharing ANY defence costs at all.
  The administrator has disabled public write access.
contact webmaster