What is your definition of 91裸聊视频渇amily91裸聊视频�?
That was the crux of a petty legal battle in which a strata council in Victoria went to court to stop a woman from living with her boyfriend after fining her repeatedly.
According to a decision by the B.C. Civil Resolution Tribunal, it all came down to the wording of the strata91裸聊视频檚 bylaws over who could stay with an owner.
The strata said the boyfriend didn91裸聊视频檛 meet its definition of 91裸聊视频渇amily91裸聊视频� and that this person stayed more than 31 days with the owner 91裸聊视频� violating its bylaws.
The owner then countersued, saying the bylaw 91裸聊视频渄iscriminates against her on the basis of family status because it only permits owners with a 91裸聊视频榝amily91裸聊视频� comprised of a narrow class of blood relations to have someone else reside in the strata lot 91裸聊视频� She also says the strata91裸聊视频檚 application of bylaw 4(4) is significantly unfair because she reasonably expected her ability to have others reside (in her home) would not be so narrowly restricted.91裸聊视频�
I must say I was totally puzzled by how restrictive the strata91裸聊视频檚 bylaw was as far as who else could live in a unit. The bylaw says that up to four people could live in the suite.
Here91裸聊视频檚 what the bylaw says: 91裸聊视频淥wners shall use their strata lot as a single-family residence only. For the purposes of these bylaws, 91裸聊视频榮ingle-family91裸聊视频� or 91裸聊视频榝amily91裸聊视频� shall be defined as including persons who are a spouse of the owner, a grandparent, parent, child, or grandchild of the owner, or a grandparent, parent, child or grandchild of the spouse of the owner, to a maximum of FOUR (4) persons residing within the strata lot. Persons visiting an owner of a strata lot shall be entitled to occupy the strata lot for a period not exceeding 31 days in the aggregate in any calendar year.91裸聊视频�
So you can live together if you are married, but you can91裸聊视频檛 be shacked up out of wedlock.
Good grief.
How prudish.
How ridiculous.
The owner let the strata know that the two were now living together and so they started fining her $200 a week, eventually hitting $2,400.
The owner refused to pay and I91裸聊视频檓 all here for that.
91裸聊视频淭he owner says bylaw 4(4) withholds from her the benefits of companionship and emotional support available to other owners who live with family,91裸聊视频� reads the CRT ruling.
These kinds of cases have come up before.
The CRT ruling referred to a Victoria-related case, Bowes v. the City of Victoria, in which the court considered the requirement that certain residential premises could only be occupied by a family under the city91裸聊视频檚 Zoning Regulations Bylaw.
91裸聊视频淭he court found the City had not discriminated against the plaintiff on the basis of 91裸聊视频榝amily status91裸聊视频� because it had broadened the definition of 91裸聊视频榝amily91裸聊视频� in its bylaw to make compliance dependent on how the premises could be used and not on the premises91裸聊视频� users. The Court said the City91裸聊视频檚 definition of 91裸聊视频榝amily91裸聊视频� ensured that use was not restricted to people married or related by blood, but included arrangements where people normally lived together as a family, with at least some permanence and commitment to each other.91裸聊视频�
So clearly a big difference from what this strata was doing.
The CRT ruling said the owner had 91裸聊视频減roven her claim of discrimination91裸聊视频� and that the strata was not exempt from the Human Rights Code.
The CRT ordered the strata to stop enforcing its bylaw against this owner, but dismissed the owner91裸聊视频檚 claim the strata pay her legal fees 91裸聊视频� listed at more than $20,000. The CRT didn91裸聊视频檛 think the case was extraordinary enough to require that much legal help.
So she won the battle, but perhaps lost the war 91裸聊视频� at least financially.
Love shouldn91裸聊视频檛 come at this high of a cost.
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Chris Campbell is an editor with Black Press Media at the Victoria hub of newspapers. You can follow him on Twitter @shinebox44.
Do you have a story tip? Email: chris.campbell@blackpress.ca.
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