Sometimes it isn’t about the money
The Supreme Court of BC does not have a monetary jurisdictional cap, it can deal with millions, or billions of dollars. The Provincial Court of BC is capped at $35,000, still a considerable amount of money. The CRT deals with debts owed up to $5,000. But what about even smaller amounts, or claims that are not primarily focused upon the all-important dollar? Minor disputes, grievances, points of contention?
Some of those claims are still dealt with by the Provincial Court, depending upon the circumstance. The CRT often deals with even smaller claims where the lowest possible filing fees are necessary (usually $150)because the claim isn’t for debt. An example of this is as follows:
Should you be allowed to have a hot tub on your rooftop patio? Is it furniture?
Emmerton v. The Owners, Strata Plan BCS 3407, 2022 BCCRT 872
In this case the applicants placed an inflatable hot tub on a their rooftop patio. The strata says its bylaws do not permit hot tubs on patios. Emmerton examined another similar case where the tribunal was asked to determine whether a moveable hot tub is furniture:
“Trent v. The Owners, Strata Plan EPS3454, 2020 BCCRT 358, a tribunal member engaged in a thorough review of court and CRT decisions involving an interpretation of the terms “furniture” and “patio furniture”.
Here, I find there is no similar permanent quality to the applicants’ hot tub. As noted, it is inflatable. The applicants provided video evidence showing that the hot tub can be inflated or deflated within about 5 minutes, and it is easily folded and carried by 2 people when deflated.
What I like about this case is that everyone has an opinion about whether an inflatable hot tub is “furniture”, and everyone has an opinion about what constitutes “moveable”. The desire to have a hot tub on your patio is understood by everyone.
I have been following this case for some time now and I can report that it reached the Court of Appeal.
A fun read by Lisa Steacy of CTV news can be found here:
https://bc.ctvnews.ca/b-c-s-highest-court-hands-down-decision-in-inflatable-hot-tub-dispute-1.7083445
I encourage you to read the article, but I will save you some time and advise that the BCCA dismissed the appeal. The hot tub could stay.
https://www.bccourts.ca/jdb-txt/sc/23/15/2023BCSC1571.htm
