B.C.’s Civil Resolution Tribunal has dismissed a woman’s claim for $1,192 in restitution and damages on allegations a strata management company didn’t give her a mailbox key.
Theresa McKraig claimed Quay Pacific Property Management Ltd. failed to provide the key for a newly installed mailbox without justification.
In his May 20 decision, tribunal member David Jian said McKraig claimed $192.94 as reimbursement for the cost of hiring a locksmith to change her mailbox lock and $1,000 in punitive damages.
Quay denied liability. It said the company made every effort to be available at the onsite office for key pickup.
"It says Mrs. McKraig has a 'vendetta' against it," Jiang said, noting there are multiple tribunal proceedings involving McKraig and her disputes with different people in the strata.
Jiang said that, in late 2023, the strata sent owners a written notice about new mailboxes. The strata said it expected the mailboxes to be installed on Dec. 30, 2023. The strata said it would provide new keys starting from noon on that date.
"It added, 'Only the registered owner(s), agents of the owner(s) with proper documentation, or tenant(s) who have authority from the owner in writing can pick up keys,'" Jiang said.
On Jan. 16, 2024, and again two days later, McKraig’s minor family member went to pick up McKraig’s mailbox key from Quay’s onsite office.
The person in the office said McKraig had to pick up the keys herself although the minor did have a signed permission letter and other documents.
On Jan. 20, 2024, McKraig went to see the person at the onsite office herself and was accompanied by a police officer.
Jiang said the office person became agitated, ran into the office, locked the door and refused to respond.
On Jan. 26, 2024, Quay emailed McKraig, saying an owner or another authorized adult could pick up the keys but McKraig said she had no desire to interact with the office person again.
“A receipt shows that on Feb. 5, 2024, Mrs. McKraig paid a locksmith $192.94 to supply and install a new mailbox, lock, and key,” the decision said.
The issues
Jiang said the issues before him where whether or not Quay had to reimburse McKraig for hiring the locksmith and if she was entitled to punitive damages.
He found that Quay was acting on the strata’s instructions while handing out or refusing to hand out mailbox keys. He therefore ruled Quay had no duty of care to McKraig.
On the punitive damages claim, McKraig said Quay breached the professional standards required of a strata manager.
She claimed those breaches included:
• failing to provide the mailbox key;
• failing to adequately address nuisance complaints;
• emailing her unpleasant replies or no replies at all;
• banning her from accessing the onsite strata manager office;
• failing to provide requested records; and,
• colluding with the strata to “punish” her for bringing police.
Again, Jiang said Quay was acting as the strata’s agent and its duties and duty of care were owed to the strata.
“The strata is not a party to this dispute,” Jiang said. “I am unable to consider these claims.”
As such, Jiang dismissed McKraig’s claims.
