The B.C. Supreme Court has struck down a Victoria property owner’s joint petition seeking damages and a reversal of the province’s decision to greatly restrict short-term rental operations
through its newLast year, Angela Mason, owner of the Victoria-based Amala Vacation Rental Solutions,
The petitioners also sought damages for loss of business that the STRAA caused, and for alleged depreciation in the value of their properties.Meanwhile, the province argued that the petition is premature, since the Ministry of Housing’s director of compliance and enforcement for the ministry’s Enforcement Unit in the Short-Term Rental Branch has not made any decisions yet related to properties that may be operating in contravention of the STRAA.
Ahmed agreed, saying the petitioners had no grounds to call for a judicial review since no enforcement decisions have been made yet. “Given that diversity, even if the Director had made a decision in respect of one property owner, that decision would not necessarily be a predictive indicator of how she would exercise her power of decision in respect of any of the other thousands of property owners,” said Ahmed.Ahmed reiterated that in was too early to claim damages since since the Housing Ministry’s Enforcement Unit in the Short-Term Rental Branch had yet to fine anyone in contravenance of the STRAA.
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