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118 The following costs of registering a lien against an owner’s strata lot under section 116 or enforcing a lien under section 117 may be added to the amount owing to the strata corporation under a Certificate of Lien:

  • (a) reasonable legal costs;
  • (b) land title and court registry fees;
  • (c) other reasonable disbursements.

1998-43-118, effective July 1, 2000 (B.C. Reg. 43/2000).

CASE LAW

With respect to the interpretation of “legal costs”, see the annotation for Canada Trustco Mortgage Co. v. Gies, 2001 BCSC 1016, under s. 116 of the Act.

See also the annotation for First West Credit Union v. Milligan, 2012 BCSC 610, under s. 116 of this Act.

In Strata Plan KAS 2428 v. Baettig, 2017 BCCA 377, the court affirmed that legal costs associated with enforcing a lien under s. 118 of the Strata Property Act are dealt with as court costs pursuant to the Supreme Court Civil Rules, B.C. Reg. 168/2009. The court observed that since “reasonable legal costs” in s. 118 include the legal costs of registering a lien under s. 116, it would make no sense to interpret “reasonable legal costs” to include only party and party costs governed by Rule 14-1, rather than actual legal costs in registering and enforcing the lien, as long as such costs have been reasonably incurred. Doing so would mean that a strata corporation could not recover under s. 118 any costs attributable to registering the lien or other steps taken prior to the commencement of an enforcement action, and the legislature could not have intended that result.