B.C.'s Civil Resolution Tribunal (CRT) has rejected a Surrey strata owner’s claim that someone was wrongly putting garden waste in a trash bin.
Derek Campbell used to own a unit in the strata. He alleged the strata inadequately prevented its contractors from putting yard waste into the strata’s garbage bin.
In his Dec. 21 decision, tribunal vice-chair Eric Regehr said what Campbell sought was “not entirely clear.”
“...essentially he wants the strata to take steps to prevent the practice,” Regehr wrote.
For its part, the strata said Campbell exaggerated how often landscaping waste has ended up in its garbage bins.
The strata representative further said it has reminded contractors not to do so, and that the issue is not ongoing.
Campbell’s claim was moot, the strata said, because he no longer owns a strata lot.
Details of the claim
In August 2021, Campbell said he noticed the garbage bin was full of tree branches.
He emailed the strata manager asking why yard waste was in the garbage bin, adding the same thing happened in 2022.
“He has persistently tried to get the strata to be more aggressive about the issue but has been unhappy with the strata’s responses,” Regehr said.
Despite the fact Campbell no longer owns in the strata, he said the issue is ongoing.
“I assume he means that the strata will continue to allow its contractor to dump yard waste in the garbage bins unless I resolve this dispute on its merits,” Regehr said.
The tribunal found the issue to be moot even if the alleged yard waste issues are ongoing or will likely reoccur in the spring.
“I say this because Mr. Campbell only requests an order about the strata’s future conduct,” Regehr said.
He said he recognized Campbell’s argument was an environmental one.
“In that sense, all citizens have an interest in proper waste disposal,” Regehr said. “However, the CRT’s role is not to police strata corporations’ compliance with municipal bylaws. Municipalities have their own bylaw enforcement processes for that, which Mr. Campbell has engaged in the past. So, this is not a compelling reason for me to decide this dispute.”
