British Columbia tribunal rejects 22 of 24 death sentences and orders restitution

A British Columbia civil tribunal dismissed 22 of 24 noise fines levied by a Vancouver execution against the owner and ordered the corporation to pay the man $1,800.

According to tribunal member Maria Montgomery, Florentin Pirvo said the execution violated section 135 of the Execution Property Act by imposing fines without an investigation and without giving him an opportunity to respond. The decision of November 15.

Montgomery agreed.

“I believe the response of the strata to the complaints was unreasonable and largely unfair to Mr. Pirvu,” she said.

First bought my strata lot in 2018 and started leasing it to current tenants in 2021.

In addition, he argued that the classes treated each alleged violation of the statute as a continuing violation of the statute, when they should have treated each complaint as separate.

The executions imposed a $4,800 fine, of which Pirvo paid $1,800, an amount that Montgomery was ordered to repay.

“Because the executions were so grossly unfair, I believe the appropriate remedy is to order the plaintiffs to also withdraw the remaining fines from Mr. Peerva’s account,” Montgomery wrote.

On November 18, 2021, Pirvu received the first letter from the administration about noise complaints. It said authorities received a complaint of daily intermittent noise from shouting, loud music, objects being dragged or dropped and heavy footsteps throughout September.

In the letter, the execution said it could impose a fine of $200 and asked Pirwa to respond within 14 days.

First responded by email on November 28, saying he disagreed with the noise complaint. He provided a detailed response from the tenant.

“There is no evidence that the executives viewed or responded to this email,” Montgomery said.

On December 22, 2021, the execution notified the First of its decision to impose a $200 fine for the September noise complaint. He also informed the First of a new noise complaint in the early morning hours of December 17.

“Mr. Pirve was not invited to respond to this complaint,” Montgomery said.

Then, on October 19, 2022, Strata sent the First a letter complaining about loud banging at 4 a.m. Strata again invited Pirva to respond and warned of a possible fine.

Then, at the February 8, 2023 meeting, the board addressed several complaints that the layered area of ​​First and directly below was banging against the ceiling/floor.

Executions sent four letters on February 10 and another on February 22, each fining both layers $200. The executions secured the First Hearing on February 27.

Strata imposed two additional fines of $200 per lot on Strata Pirva for beating in September 2023.

“Mr. Pirvu responded by email saying their tenant had video evidence of the banging coming from another floor,” Montgomery said. “There is no evidence that the executives viewed or responded to this email.”

On November 24, 2023, Strata sent First four letters regarding the October 21 noise complaints and three more in November.

The executions imposed a fine of $200 for each complaint and sent three more letters on November 30, each imposing a fine of $200.

“One of those letters repeated the previous complaint about October 21st,” Montgomery said.

Then, in 2024, executioners sent four more letters like the one above, imposing nine more $200 fines.

“Mr. Pirvu says his tenant was not home or asleep at the time the unfounded noises were allegedly made,” Montgomery said.

She said the estates claimed to have complied with the law by issuing warning letters and hearings.

“I disagree,” Montgomery said, noting that the boards “acted grossly unfairly in failing to take reasonable steps to objectively investigate noise complaints.”

She said executioners did not strictly follow the law before the 22 fines were imposed.

“The fines are invalid,” she said. “I order the execution to vacate all fines imposed on Mr. Pirva in response to noise complaints, except for the fines for September 2021 and September 30, 2022.”