B.C.'s highest court hands down decision in inflatable hot tub dispute

British Columbia's highest court has weighed in on a dispute over an inflatable hot tub a couple set up on their condo's patio – potentially bringing a close to the years-long conflict.

British Columbia's highest court has weighed in on a dispute over an inflatable hot tub a couple set up on their condo's patio – potentially bringing a close to the years-long conflict.

The B.C. Court of Appeal decision was handed down last week. The three-judge panel reconsidered the question answered by the Civil Resolution Tribunal and the lower court.

Specifically, whether the hot tub was "patio furniture" and therefore allowed under the condo building's bylaws.

In B.C. the common assets of a condo building are owned by a strata corporation and managed by a strata council.

John Emmerton and Van Ortega, the couple who owned the unit on the 26th floor of a downtown Vancouver highrise, set up the hot tub in 2021 and came into conflict with their strata council soon after.

In the first decision on the case, the Civil Resolution Tribunal found the inflatable spa was patio furniture because it was easily movable and could be drained and deflated.

The strata challenged that ruling, seeking a judicial review in B.C. Supreme Court. The judge upheld the tribunal's decision, finding the strata had no authority to order the couple to remove the hot tub or to fine them for breaching bylaws.