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来自地狱的加国邻居 真让人伤不起
2015-01-28 | 来源: 加西网
(加西网综合)仅仅因为一个访客停车位而耗费18.5万元法律费用的纠纷案，昨天终于以法院裁定这对高贵林港华裔夫妇藐视法庭罪，指定两人卖掉公寓物业，才让这宗长达多年纠纷案有个了结，话说这对华裔夫妇真是来自地狱的邻居！
居住在高贵林港Rindall路的2378号公寓单位的华裔夫妇比成富(Cheng-Fu Bea)及其妻比杨蕙琪(Heui-Chi Yang Bea)，由于不满所居住公寓的一个访客停车位新例，从2006年起与业主立案法团展开多年的法律诉讼。
纠纷始于2006年，当时物业修例规定只有访客才可停该车位，但比成富夫妇在修例后，依然继续将车子停在访客车位，并多次提出诉讼，包括上庭50次，见过28个法官，纠纷历时6年，导致业主立案法团承担逾18.5万元法律费用。
比氏夫妇最后被法庭裁定滥用诉讼，法官认为唯一解决办法，是下令夫妇两人出售公寓单位。由于两人不满裁决，又提出了上诉。
上诉庭于昨日裁定维持原判，法官认为比氏夫妇藐视法庭命令，指令他们把单位卖掉，以终止滥用诉讼的行为。
这一裁决得到大厦的业主立案法团的欢迎，并计划循法律途径，向比氏夫妇追讨部分法律费用。
以下是赫芬顿邮报罗列的一些来自地狱的加国邻居（Neighbours From Hell），如果真的碰上这些邻居，真是伤不起！
Condo parking dispute ruling upheld by B.C. Court of Appeal
Port Coquitlam couple has spent a decade fighting strata's decision to assign parking spots
CBC News Posted: Jan 28, 2015 7:27 AM PT Last Updated: Jan 28, 2015 7:27 AM PT
Cheng-Fu Bea and Huei-Chi Yang Bea's six year legal battle has ended in a contempt of court ruling that is costing the couple their condo in this complex. (CBC)
The B.C. Court of Appeal has in a split decision ruled a Port Coquitlam couple can be forced to sell their condo in order to settle a decade-long dispute over their assigned parking stall.
Last year a judge ordered Cheng-Fu Bea and his wife, Huei-Chi Yang Bea, to vacate their condo so that the strata council could sell it to recover more than $170,000 in legal costs.
The dispute began in 2006 when the strata council at 2378 Rindall Ave declared the parking in the building common property and assigned specific parking spots to each unit.
The Beas refused to accept their strata's decision and launched a petition in B.C. Supreme Court, which ruled the strata was well within its jurisdiction to implement the new parking regime.
Instead of appealing the decision, the couple launched a series of new petitions, all of which failed because the argument had already been heard.
The petitions were followed by various appeals that, according to the strata's lawyer, Phil Dougan, eventually involved 28 different judges in dozens of courts. The couple lost all the appeals.
Meanwhile the Beas continued to disobey the order restricting them to their assigned parking spot.
Contempt of court ruling
The strata, which had incurred more than $173,000 in legal costs defending itself from the Beas' court actions over six years, finally applied for a contempt of court ruling.
Last May the court ruled in the strata's favour, found the couple in contempt of court, and gave the Beas until June 15 to vacate the property so that the strata could sell it.
The couple appealed that decision, and on Thursday two of the three judges who heard the case in the B.C. Court of Appeal upheld the earlier decision.
In their decision, justices Nicole Garson and Anne Mackenzie wrote that, "The chamber judge had jurisdiction to make an order for seizure and sale of property, as such an order is analogous to the historical power to use sequestration as a remedy for contempt."
The third justice in the ruling, Justice Richard Goepel, disagreed.
"In his opinion the court’s inherent jurisdiction to sentence for contempt was limited by the provisions of the Supreme Court Civil Rules and the chambers judge did not have the jurisdiction to order the sale of the appellant’s property," said the ruling.
It's not yet clear whether the couple will attempt to appeal to have the case heard in the Supreme Court of Canada.
MAP:2378 Rindall Ave., Port Coquitlam, B.C.
Cheng-Fu Bea was evicted from his Port Coquitlam home after a court battle over parking spaces. (CBC)
2015-01-28 | 来源: 加西网
(加西网综合)仅仅因为一个访客停车位而耗费18.5万元法律费用的纠纷案，昨天终于以法院裁定这对高贵林港华裔夫妇藐视法庭罪，指定两人卖掉公寓物业，才让这宗长达多年纠纷案有个了结，话说这对华裔夫妇真是来自地狱的邻居！
居住在高贵林港Rindall路的2378号公寓单位的华裔夫妇比成富(Cheng-Fu Bea)及其妻比杨蕙琪(Heui-Chi Yang Bea)，由于不满所居住公寓的一个访客停车位新例，从2006年起与业主立案法团展开多年的法律诉讼。
纠纷始于2006年，当时物业修例规定只有访客才可停该车位，但比成富夫妇在修例后，依然继续将车子停在访客车位，并多次提出诉讼，包括上庭50次，见过28个法官，纠纷历时6年，导致业主立案法团承担逾18.5万元法律费用。
比氏夫妇最后被法庭裁定滥用诉讼，法官认为唯一解决办法，是下令夫妇两人出售公寓单位。由于两人不满裁决，又提出了上诉。
上诉庭于昨日裁定维持原判，法官认为比氏夫妇藐视法庭命令，指令他们把单位卖掉，以终止滥用诉讼的行为。
这一裁决得到大厦的业主立案法团的欢迎，并计划循法律途径，向比氏夫妇追讨部分法律费用。
以下是赫芬顿邮报罗列的一些来自地狱的加国邻居（Neighbours From Hell），如果真的碰上这些邻居，真是伤不起！
Condo parking dispute ruling upheld by B.C. Court of Appeal
Port Coquitlam couple has spent a decade fighting strata's decision to assign parking spots
CBC News Posted: Jan 28, 2015 7:27 AM PT Last Updated: Jan 28, 2015 7:27 AM PT
Cheng-Fu Bea and Huei-Chi Yang Bea's six year legal battle has ended in a contempt of court ruling that is costing the couple their condo in this complex. (CBC)
The B.C. Court of Appeal has in a split decision ruled a Port Coquitlam couple can be forced to sell their condo in order to settle a decade-long dispute over their assigned parking stall.
Last year a judge ordered Cheng-Fu Bea and his wife, Huei-Chi Yang Bea, to vacate their condo so that the strata council could sell it to recover more than $170,000 in legal costs.
The dispute began in 2006 when the strata council at 2378 Rindall Ave declared the parking in the building common property and assigned specific parking spots to each unit.
The Beas refused to accept their strata's decision and launched a petition in B.C. Supreme Court, which ruled the strata was well within its jurisdiction to implement the new parking regime.
Instead of appealing the decision, the couple launched a series of new petitions, all of which failed because the argument had already been heard.
The petitions were followed by various appeals that, according to the strata's lawyer, Phil Dougan, eventually involved 28 different judges in dozens of courts. The couple lost all the appeals.
Meanwhile the Beas continued to disobey the order restricting them to their assigned parking spot.
Contempt of court ruling
The strata, which had incurred more than $173,000 in legal costs defending itself from the Beas' court actions over six years, finally applied for a contempt of court ruling.
Last May the court ruled in the strata's favour, found the couple in contempt of court, and gave the Beas until June 15 to vacate the property so that the strata could sell it.
The couple appealed that decision, and on Thursday two of the three judges who heard the case in the B.C. Court of Appeal upheld the earlier decision.
In their decision, justices Nicole Garson and Anne Mackenzie wrote that, "The chamber judge had jurisdiction to make an order for seizure and sale of property, as such an order is analogous to the historical power to use sequestration as a remedy for contempt."
The third justice in the ruling, Justice Richard Goepel, disagreed.
"In his opinion the court’s inherent jurisdiction to sentence for contempt was limited by the provisions of the Supreme Court Civil Rules and the chambers judge did not have the jurisdiction to order the sale of the appellant’s property," said the ruling.
It's not yet clear whether the couple will attempt to appeal to have the case heard in the Supreme Court of Canada.
MAP:2378 Rindall Ave., Port Coquitlam, B.C.
Cheng-Fu Bea was evicted from his Port Coquitlam home after a court battle over parking spaces. (CBC)
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