Terry Hui argued petition should be dismissed on the grounds it's an abuse of process, among other reasons
The CEO of Concord Pacific Group Inc. has lost his bid to thwart the petition by condo owners at a tower near Vancouver’s Yaletown who are seeking access to a 6,000-square foot amenity space.
“In addition to the fee simple [permanent ownership of] land making up lot 60, Mr. Hui says that the owner of lot 60 is entitled to additional amenities and privileges consistent with the ownership of a luxury penthouse condominium,” Blake wrote. The strata’s petition said there was an inconsistency between the development permit and disclosure statement, both of which said the amenity space was for all residents, and the 2010-filed strata plan, which errantly shows the amenity space as limited common property for strata lot 60.
The strata failed to convince the Registrar of Land Titles to correct the error and filed the court petition last November instead of appealing the registrar’s decision.
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