Was physically assaulted at my lake cabin. Police investigation. I asked for no charges. Strata. Own my own property.

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Customer: Was physically assaulted at my lake cabin. Police investigation. I asked for no charges. Strata. Own my own property. Dispute erupted over removal of trees unnecessarily in order to determine why septic was plugged. Next day, received call from member of strata Council who was not present but in another community 200 miles away asking me to leave my property. I asked to have that request in writing and whether he was acting on his own, or 9n behalf of Council. My request was via text. He did not comply.
JA: What province are you in? It matters because laws vary by location.
Customer: BC
JA: What steps have you taken so far?
Customer: None.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My glasses were broken....my nose bruised.....happened very fast....I believed that that the other homeowner hit me but witnesses said he shoved me......it all started when I said not all trees need to be removed. The strata had been without septic for three days. I am known as the tree hugger and not liked for that. The other homeowner, male became irate at my comment and told me: FO, Pat you don’t live here full time. I stepped into his space and said, FU, Norm. He spit in my face. I spit back. Then he shoved (??) me hard. Hard enough my glasses broke and bruise the side of my nose. Three people witnessed this. I asked they call 911....they refused....I said, he broke my glasses, .....a strata Council member then said, strata will pay for your glasses....I couldn’t believe the response and called 911 myself.

Answered by Debra in 5 mins 2 years ago

Debra

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

174572 Satisfied customers

10+ years of experience

Debra

10+ years of experience

174572 Satisfied customers

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Debra, Expert

I am sorry to hear of this difficult situation.

What is your specific legal question please?

Customer

If a homeowner after suffering a physical assault causing bodily harm on common property at a Strata, and tgen is asked to leave their own property at the Strata by a stray council member, can I file a civil suit?

Debra, Expert

That strata council member is clearly acting without authority, is abusing their position, and is breaching their duty to you but unless you have suffered damages there is no grounds for a civil suit. They are grounds to take this to the council and asked for this person to be removed as they have abused their position.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

What kind of damages did s damages?

Customer

This council member is telling other Strata homeowners that what I did (?) is unforgivableNot sure what is considered unforgivable: My standing up for myself, calling police or both.He was not there at the time but is very vocal in expressing his opinion of me

Debra, Expert

If the council member is telling lies about you to others then you can sue the council members personally for defamation. But if the council member is stating their opinion that is actually fine from a legal point of you.

Customer

Okay. Not quite sure I understand the finer points of this distinctionI think you are saying:If he speaks up and says as a council member, I think what Pat did (?) is unforgivable, that's wrong? RightIf he is just talking to other homeowners about the incident that he was not there to witness, that's a personal
Opinion?

Debra, Expert

Not exactly. If he lies about you thn that is defamation. If he tells a nasty opinion it's not.

Customer

Geez. How does one separate the one from the other

Debra, Expert

Well you have to figure out what he's actually telling people. For example if he says that you punched someone and you did not that's defamation. If he says the police charged you and they did not that is defamation. But if he says he thinks you're a tree hugging fool then that's his sickening opinion.

Customer

You are funny.He is repeating what he has heardI thought we were friends. Obviously notWhen I tested via text for him to reply in writing on whose behalf he was acting, Council or his, asking me to leave, I did not get it in writingHe wanted to talk on phone. I said no. This was just a couple of hours sfter he asked me t leaveWe have not spoken since. We have been friends out there for 15 yearsI found this abrupt severing of our friendship to be out of character for him and his wifeThen I began thinking about the why???Then I began hearing that he was telling people what I did was unforgivable (? again not sure what that is).I can only think that he knows he overstepped and breached his authority as a Strata council member and is concerned I may take action

Customer

How long do I have if I find out he has been spreading lies, to file an action?

Debra, Expert

Well you have to sue them within two years of your hearing about the lies. So there is no rush of course.

Customer

nopeOkay. Thank you very muchHappy Canada �� Day. Pouring down rain here!

Customer

Oops. One more question. Back to your first answer: What specifically are the grounds to take this council member's action to
council?And the other council member he outright refused to call 911 when he witnessed the assault? But said Strata would pay for glasses ?

Debra, Expert

The grounds are that he told you to get out of your home and thought that was fine because he is on the council. His demand came without authority and if fact if the council would order that they would be subject to being sued by you.

I don't know about the glasses. I am not sure that the would pay for them. I think you have to sue the assaulter in this case.

Customer

Thank you!!

Debra, Expert

You are very welcome.

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