A Surrey woman ordered by the courts earlier this year to sell her condo and move will not be forced out after all.
In a January decision believed to be the first of its kind in B.C., Supreme Court Justice Richard Blair ruled that, due to numerous noise and harassment complaints, Rose Jordison and her 20-year-old son Jordy should sell their home in Guildford.
Neighbours had complained about loud pounding coming from the pair's suite, while others said the son, who has a high-functioning form of autism, would make sounds like a pig and call them names.
Though Justice Blair conceded the order to have the Jordisons sell their condo was "draconian," he said their actions amounted to an "assault" upon the other residents of the strata and said the move was necessary to provide peace in the housing complex.
Rose Jordison appealed the judgement and in a decision released Thursday (July 19), the B.C. Court of Appeal reversed the sale order of her place in the 15200 block of Guildford Drive.
B.C. Court of Appeal Justice John Hall said Blair relied heavily on B.C. strata law, which Hall said did provide proper legal basis for the condo sale order.
Hall also noted that Blair cited to several Ontario cases with similar orders of sale, but Hall argued that province's strata law is "broader in scope" and could hold up such orders.
"I do not consider that these cases can be relied upon to support the order made by Blair..." wrote Hall in his reasons for judgment, which were concurred in by Madam Justice Daphne Smith and Madam Justice Kathryn Neilson.
However, Hall upheld the lower court's order that the Jordisons abide by the rules of the strata and refrain from being loud, making obscene gestures or uttering offensive comments at other strata members or their families.
"...whether any failure to observe such order could provide the basis for a future application seeking an order for the sale of the property is best left for future argument and consideration," wrote Hall.