Canadian parents fights back after being fined by strata for reproducing

A couple who was fined by their condo strata because of the birth of their two children are fighting back and arguing the move was discriminatory.

They were ordered to pay hundreds of dollars in fines over the course of several years after they were found to be violating occupancy rules, which stated that their Vancouver one-bedroom condo would be limited to only two residents.

It seems the fight began before the birth of their first child in 2017, as they had already broken the rules by adding a den to their unit without strata permission, but things escalated.

“Shortly after their first child was born, Fairview Village notified Ms. James and Mr. Rowland that they were in violation of the strata’s occupancy bylaw and began levying fines for the violation. Ms. James and Mr. Rowland eventually moved to a rental and filed this complaint, alleging discrimination under s. 8 of the Human Rights Code based on family status,” the filing posted earlier this month reads in part. 

The infractions for the first child were $50 a week, and after the birth of their second child, a hefty $200 a week was levied against them.

They went to the BC Human Rights Tribunal in an effort to be compensated for the fines, as well as argued that the whole matter was discriminatory.

The agent for the condo filed a motion to dismiss the case in 2021 and denied any discrimination claims that the couple suggested.

This month, the judge rejected the move to dismiss their case and it will now be going to a hearing.

“Our province is facing a housing crisis against the backdrop of many such maximum occupancy policies. A hearing on this complaint will assist stratas and their owners alike in navigating this crisis by highlighting the human rights considerations that arise in circumstances such as these. Continuing with the complaint would be in line with the public purposes of the Code,” the judge said.

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None of the allegations have been proven in court.