A battle between two stratas stuck sharing recreation facilities "in perpetuity" because of a covenant signed between the developer and the City of Burnaby nearly 40 years ago has sparked another lawsuit.
Discovery Place alleges The Harrington has "refused to accept" a court order upholding a nearly 40-year-old agreement between the two stratas for sharing the facilities and the costs 50-50, according to the civil claim. The Harrington had tried to end the agreement unilaterally in March 2019, but Discovery Place petitioned the court for an order declaring it a "current, subsisting, and binding agreement."
In March 2022, B.C. Supreme Court Justice Steven Wilson ruled the two stratas had entered into an enforceable "post-incorporation contract" on the same terms as that covenant.
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