This Is Not What We Assumed! Developers & Strata Corporation Dispute Cost-Sharing Provisions

In Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2019 BCSC 112, the case involves a dispute between a strata corporation known as "Firenze" within the "International Village" development, and Interville, its owner developer and remainder owner. Prior to depositing the strata plan which created Firenze, Interville had entered into easements amongst the various air-space parcels comprising International Village on behalf of each of these air-space parcels. These easements contained certain cost-sharing agreements regarding the pedestrian pathway known as the "Keefer Steps". They were registered in the Land Title Office. However, following the deposit of its strata plan, Firenze did not execute an assumption agreement assuming the positive covenants contained therein.