The B.C. Court of Appeal has upheld a ruling that orders a Surrey woman to sell her condo due to her and her son鈥檚 outrageous behaviour toward their neighbours.
In a ruling released Tuesday, Justice Ian Donald dismissed the appeal of Rose Jordison. He found that the applicable strata law in B.C. should be given a 鈥渓arge and liberal鈥� interpretation.
Donald said Jordison鈥檚 property rights must yield to the rights and duties of the neighbours in her complex.
鈥淭he old adage 鈥榓 man鈥檚 home is his castle鈥� is subordinated by the exigencies of modern living in a condominium setting,鈥� said Donald.
Jordison had appealed the ruling of B.C. Supreme Court Justice Richard Blair, who found that the Jordisons were in contempt of his court order by their conduct. That conduct included obscene language and gestures, interference in the activities of others, spitting at other residents and unacceptably loud and unnecessary noise.
Blair found that B.C.鈥檚 Strata Property Act allowed him to make an order for a sale in certain circumstances.
Jordison argued the law did not allow such an order, but Donald said Blair had made the correct interpretation.
