Fruit from a poisonous tree planted in 2023

 

MATERIAL EVIDENCE AND GOVERNING ENACTMENTS
that police and courts REFUSED to consider in 2023 

thwarts consumer protection in 2025
like fruit from a poisonous tree.

CONVERSION OF PROPERTY
from common use and enjoyment to exclusive use 
by the owner of Unit 314 in 2023
contrary to s.71 of the Strata Property Act (the “SPA”)

GREEN balcony on NW2671 Strata Plan shows LCP for Unit 314

RED recreational sundeck added adjacent to Unit 314

YELLOW indicators of units about 30m apart with shocking 50m no-go prohibition imposed
RED line prohibition against entering or leaving Unit 409, emptying garbage or compost, delivering weekly newspaper route; GREEN line prohibition against using public sidewalk or street; freedom of speech restricted by a gag order protecting offenders...
...UNREASONABLE INTIMIDATION FOR UNSPEAKABLE MOTIVES...

NW2671 Strata Bylaws

Use of Property

o   A resident must not use the common property in a way that

§  causes a nuisance or hazard to another person,

§  causes unreasonable noise,

§  unreasonably interferes with the rights of other persons to use and enjoy the common property or another strata lot,

§  is illegal, or

§  is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan.

o   A resident must not cause damage, other than reasonable wear and tear, to the common property.

 

1990 – forward; NO access to justice
We paid more, got less, and lost use and property value - for over 30 years

Police and courts PERSISTENTLY REFUSED to consider 
material evidence and law
 particularly the Strata Property Act [SBC 1998] CHAPTER 43

1	Definitions and interpretation

"common property" means that part of the land and buildings shown on a strata plan that is not part of a strata lot

"limited common property" means common property designated for the exclusive use of the owners of one or more strata lots;

66	Ownership of property

An owner owns the common property as a tenant in common in a share equal to the unit entitlement of the owner's strata lot divided by the total unit entitlement of all the strata lots.

71	Change in use of common property

71  The strata corporation must not make a significant change in the use or appearance of common property unless the change is approved by a resolution passed at an annual or special general meeting by a 3/4 vote

73	Designation of limited common property

73  Common property is designated as limited common property on the strata plan in the land title office

76	Permission or privilege — exclusive use

76   Subject to section 71, the strata corporation may give an owner permission to exclusively use common property that is not designated as limited common property for a renewable period of not more than one year.

108	Special levy

(5) If the money collected exceeds the amount required, or for any other reason is not fully used for the purpose set out in the resolution, the strata corporation must pay to each owner of a strata lot the portion of the unused amount of the special levy that is proportional to the contribution made to the special levy in respect of that strata lot.

134	Denial of access to recreational facility

134  The strata corporation may, for a reasonable length of time, deny an owner the use of a recreational facility that is common property if the owner has contravened a bylaw or rule relating to the recreational facility.

291	Application of other laws

291(2) Section 5 of the Offence Act does not apply to this Act or to the regulations.

291.1

Personal liability protection

291.1 No legal proceeding for damages lies or may be commenced or maintained against a protected individual because of anything done or omitted, other than in bad faith,

(a)in the exercise or intended exercise of any power under this Act, or

(b)in the performance or intended performance of any duty under this Act.

Converting property from shared use to exclusive use was done unlawfully
with IMPUNITY in violation of the CONSTITUTIONALLY governed statutory
 strata property law of BC and Criminal Code of Canada, as well as strata use of property bylaws…

The longer I complained the more common property was converted, the more property values were impacted, the more strata fees were disproportionate, the more our home was vandalized, and the more harassment became a condition of living…

Property values were significantly reversed
due to unlawful common property tree removals and deck additions

 

Unit 409 was systemically forced to subsidize offenders by up to 30 percent in perpetuity

Schedule of unit entitlement and 2023 strata fees for Unit 314 v Unit 409

Strata Lot	Unit No.	Entitlement	Strata Fess
39	314	36	337.82
40	316	36	$337.82
44	320	35	$328.44
25	409	47	$441.04
23	506	36	$337.82

 

CRIMINAL CODE, (R.S.C., 1985, c. C-46)

2. Definitions

“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature; (battered and bruised; jail time; deprived of protection, warmth, soap, water, toilet paper, medications; 4 months in diapers in 2023; jail time, deprived of protection, warmth, soap, food, and medications in 2025)

“serious offence” means an indictable offence for which the maximum punishment is imprisonment for five years or more. (Criminal Harassment is 10 years, CCC s.264(3)(a))

“property” includes property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange (common property originally in the possession of all tenants-in-common and shared in proportion to the unit entitlement interest of the strata lot)

“steal” means to commit theft;

“weapon” means any thing used in causing injury to any person, or for the purpose of threatening or intimidating any person (false accusations, criminal charges, undertakings, jail…injure and intimidate)

“complainant” means the victim of an alleged offence; (victim and offender ALWAYS reversed; obvious facts, rules of court, enactments governing strata property, & common sense all ignored)

“senior officer” means a representative who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of the organization’s activities (the strata agent,Rita Caulien Brown Vanidour, played an important role in this after I made the mistake of asking her about marrying an American on state and national sex offender registries... )

6. A person shall be deemed not to be guilty of the offence until he is convicted or discharged. (Laugh out loud LOL!! jailed and criminalized for refusing to sacrifice constitutional rights to protect offenders.)

11. No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence. (LOL! To the contrary, I have done nothing malicious or unlawful, but in defamation proceedings my rights have been profoundly affected by reason of a "conviction list" that I was not even aware of...)

19. Ignorance of the law by a person who commits an offence is not an excuse for committing that offence. (No ignorance by those malicious predators deliberately ambushing this ignorant victim!)

21. Every one is a party to an offence who actually commits it; does or omits to do anything for the purpose of aiding any person to commit it; or abets any person in committing it. (strata agent, police, prosecutors, judges… )

22.1 In respect of an offence that requires negligence, an organization is a party to the offence if… one of its representatives is a party to the offence, or two or more of its representatives engage in conduct, whether by act or omission, or the senior officer departs markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence. (strata agent had advance meeting with 314 in recorded conspiracy to violate SPA)

23. An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, assists that person for the purpose of enabling that person to escape. (strata agent assisted in deliberate and blatant violation of SPA and disregard of strata’s use of property bylaws prohibiting causing a nuisance, damage, unreasonable interference with enjoyment of others or illegal use.)

140. Every one commits public mischief who, with intent to mislead, causes a peace officer to enter an investigation by making a false statement that accuses some other person of having committed an offence;  or doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;  or reporting that an offence has been committed when it has not been committed (Both 314 and Johnson had a written plan, both relied on provocatively reversing the onus of proof with deliberate violations of the law, both made false claims of fear contradicted by their own actions to the contrary, both made false accusations of trespass contradicted by legal authority, both made false accusations of crimes contradicted by governing enactments and common sense, both acted maliciously with ulterior motives to divert attention from their own misconduct, and both relied on professional advantages to get away with it.)

180. Every one commits a common nuisance who fails to discharge a legal duty and thereby causes physical injury to any person, is guilty of an offence. (strata council, police, prosecutors, judges all failed to investigate or enforce the material governing enactments, causing very serious injury to me…)

219. Every one is criminally negligent who in doing anything, or in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons. (LOL! RCMP serve and protect police, not their victim, a vulnerable taxpayer…)

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an offence. (LOL! RCMP officers claim they’re just doing their job, and they don’t have to be correct…)

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. (The law provides authority to serve court documents at the address provided, and so did Johnson after asking me to deliver my report to the Law Society by email and then blatantly violating Supreme Court Civil Rule 4-1(1/1)(a) by refusing to accept service of court documents by email  until the court ordered her to do so on July 31, 2025. In all the circumstances there was nothing reasonable about Johnson conduct or claiming fear for her safety.) 

(2) The conduct mentioned in subsection (1) consists of (serving court documents as authorized and required is NOT "Criminal Harassment" or conduct referred to in subsection (2)

• (a) repeatedly following from place to place the other person or anyone known to them;
• (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
• (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
• (d) engaging in threatening conduct directed at the other person or any member of their family.

298. A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to contempt. (My accusations were TRUE and proven ... Johnson's were false, and she knew it.)

300. Every one who publishes a defamatory libel that he knows is false is guilty of an offence. (Johnson knew that her accusations were not true and that mine were.) 

301. Every one who publishes a defamatory libel is guilty of an offence. (LOL! - in BC's adversarial justice system does that include POLICE and JUDGES?)

322. (1) Every one commits theft who fraudulently and without colour of right takes or converts to his use anything with intent to deprive, temporarily or absolutely, the owner of it, or to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted. (So they say, unless of course strata property is involved - then forget about equal protection and benefit of the law and get used to theft of property - of all kinds - it's owner beware for the rest of your life!)

(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment. (LOL... that's actually predictable when s.5 of the Offence Act is explicitly negated!)

336. Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that  is not authorized by the trust is guilty of an offence. (LOL... guilty as sin... but protected by insurance and deference.)

346.(1) EVERY one commits EXTORTION who, without REASONABLE justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person to do anything or cause anything to be done.  (a threat to SUE is distinguished by the word REASONABLE from - vexatious ABUSE of process with no prospect of success on the merits - and ADVANCE threats citing s.810 to bring police to my new home, get me jailed, gagged, traumatized, and STIGMATIZED - falsely accusing me of trespass for authorized service of court documents as required by BLATANT violation of the Rule 4-1(1.1)(a) MANDATE to accept service by available email, preventing me from attending hearings for SUMMARY JUDGMENT - inducing repeated denial of constitutional rights - all for no GOOD reason...) 

361. A false pretence is a representation of a matter of fact that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it. (Like threatening traumatic reverse onus attacks specifying s.810 in an attempt to intimidate, and endangering me further by representing an extortion attempt as a settlement offer in a fraudulent attempt to prevent disclosure?)

362. Every one commits an offence who by a false pretence obtains anything in respect of which the offence of theft may be committed (LOL! Like accusing me of crimes I didn't commit to distract attention from permanent conversion of property to exclusive use contrary to governing enactments...)

397. Every one who, with intent to defraud falsifies or omits a material particular from a document is guilty of an offence. (OMG... LOL! Like police and courts that creat legal fiction by omitting material governing enactments from official records...) 

430 Every one commits mischief who willfully interferes with or obstructs any person in the lawful use of property, renders property dangerous, or destroys or damages property. (Like tampering with incriminating evidence by blocking my rightful path with physical force to stop me from taking photos and measurements of unlawful conversion of property...) 

Charter of Rights AND FREEDOMS

2. Everyone has freedom of conscience and expression. (LOL!!  I was censored from reporting observations of misconduct with nondisclosure "gag" orders in both 2023 and 2025 to protect rogues from being accountable.)

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. (2023 taking incriminating evidence and delivering weekly newspapers… LOL! 2025 delivering court documents as authorized and required by the offender… LOL!!)

8. Everyone has the right to be secure against unreasonable search or seizure. (LOL! I was jailed, x-rayed, and strip searched for refusing to AGREE to sacrifice constitutional rights in adverse inference undertaking for no good reason.)

9. Everyone has the right not to be arbitrarily detained or imprisoned. (LOL! I was arbitrarily detained and imprisoned, x-rayed, and strip searched based on LUDICROUS “articulations” LOL! and OBVIOUSLY discriminatory treatment LOL! in PERSISTENT disregard LOL! of regulatory, statutory, and constitutional LAW.)

10. Everyone has the right on arrest or detention to be released if the detention is not lawful. (LOL! no mention of when… LOL! after 5 days, or 15 days, or who knows what’s next days…)

11. Any persons charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; (LOL! there is nothing legal, LOL! fair, LOL! or impartial LOL! about reversing LOL! the presumption of innocence LOL! and onus of proof LOL! by refusing to consider governing enactments, LOL! perverting honest reports on matters of public interest, and blocking material evidence with nondisclosure orders to protect rogue predators and the administration of justice LOL! from disrepute…)

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; (LOL! I am innocent of ALL charges and was not ever once found guilty, but I was punished with jail and denial of constitutional rights, repeatedly, and my name is on a “conviction” list that is brought up forever as the fruit from a poison tree because despite complying with conditions beyond my control I refused to sign adverse inference undertakings…)

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. (I spent all but 2 days of 3 weeks in jail locked in solitary confinement in bare cells with lights on 24/7 and NO phone call out.)

15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination. (LOL! LOL!! LOL!!! no matter how EXTREME the unreasonableness LOL! of rogues LOL! and those in power reversing victim and offender LOL! in obvi discrimination LOL! I had NO protection LOL! from the resultant harassment and injury, and the exact OPPOSITE of equal benefit LOL! of the law.)

24.(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. (LOL! Left hand investigating LOL! the right hand in unjust LOL! circumstances is no remedy LOL! for constitutional rights LOL! and freedoms LOL! denied as the court considers gag orders appropriate LOL! to protect the administration of justice from disrepute LOL! rather than RESPECT governing enactments LOL! protect rights or freedoms LOL! or provide equal protection LOL! under the law LOL!)

24.(2) requires courts to exclude unconstitutionally obtained evidence if its admission would bring the administration of justice into disrepute. (LOL! In my case, and probably in the cases of other whistle blowers also, courts RELY on evidence manufactured LOL! by denying constitutional rights LOL! and rely on GAG ORDERS in an adversarial process to not LOL! bring the administration of justice LOL! into disrepute.)

32.(1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. (LOL! This Charter is ROUTINELY ignored by police, courts, and strata legislation.)

 

This conversion of the common property adjacent to Unit 314 to exclusive use was completed illegally prior to the July 1, 2023 property assessment but it still resulted in a disproportionate increase in property value of 2-bedroom Unit 314 compared to 3-bedroom Unit 409 from previous years and distorted the original comparative property values beyond recognition.