Strata Alert: BC Supreme Court confirms that commercial use restriction bylaws are enforceable and not an unreasonable restraint on trade

In a recent decision The Owners, Strata Plan LMS1590 v. Yip, 2018, the BC Supreme Court confirmed that commercial use restriction bylaws are valid and enforceable.  The case stemmed from a dispute between the owner and tenant of a commercial strata lot in the Richmond Public Market. The Market, which is a strata corporation comprised of commercial strata lots, had a use restriction bylaw in place that required each strata lot to conduct the business or trade specified in the purchase agreement between the developer and initial purchaser of the strata lot. To conduct any other type of business or trade, the owner would have to obtain approval from the strata council for a change in use.    Read the article……………………