Are Peace Bonds an Effective Tool Against Strata Owner Harassment?
Jon Chatten, Associate
Email: jmc@lmlaw.ca
Phone: 604-685-4542
R. v. Louis, 2013 BCPC 346, aff’d 2014 BCSC 1029
This case provides a creative alternative for those dealing with a difficult strata resident. In this case, a peace bond was issued against a resident who consistently loitered on the common property, spied on his neighbors, defaced signs and whose general intrusive behavior generated fear in certain other residents.
A peace bond is an order from a court, issued pursuant to the Criminal Code, requiring a person to be on good behavior and comply with certain conditions for a period of time. An application for a peace bond can be made by a Crown prosecutor, or any other person, who must prove on a balance of probabilities that a complainant (likely another strata resident) has reasonable grounds to fear, and actually does fear, that the party to be bonded will cause personal injury to the complainant.
This particular case was novel because the Crown was able to prove that there were grounds to fear injury despite the absence of violence or threats of violence. After a four day hearing, the court issued a one-year peace bond requiring, among other things, that he not contact the complainant directly or indirectly except through legal counsel, not record any other residents and not possess any weapons. The peace bond also required that, should the complainant become a strata council member, Mr. Louis make his submissions to the strata council in writing.
While this is not going to be the remedy for every difficult neighbor, it does provide some additional options for residents and strata corporations who are dealing with aggressive or hostile persons.
WHAT WE DO: Lesperance Mendes assists strata corporations, strata managers and strata lot owners to resolve disputes through negotiation, mediation, arbitration and the courts. If you have an unresolved legal dispute at your strata that requires a strategic or creative solution, contact Paul G. Mendes, Partner, at 604-685-4894 or by email at pgm@lmlaw.ca.
Lesperance Mendes Lawyers
900 Howe St #550, Vancouver, BC V6Z 2M4
(604) 685-3567