Law360 Canada ( March 16, 2026, 9:36 AM EDT) -- Appeals by the Owners, Strata Plan KAS 1886 (Strata) from an order dismissing two petitions seeking recovery of unpaid strata fees from Odin Zavier and Gordon Lemon (respondents). Cross-appeals by respondents seeking costs if the appeals were dismissed. The chambers judge dismissed the petitions on two grounds. Firstly, that claims for fees prior to February 2021 were statute-barred under the Limitation Act, and secondly, that claims for fees after February 2021 were unproven. The Strata argued the judge erred in applying the limitation defence because the two-year period was extended by part payments made by the respondents until February 2021 and because the Gauthier council lacked practical ability to sue before its legitimacy was confirmed in January 2021. It also contended the judge erred in finding the post-February 2021 claim unproven, as spreadsheets showing amounts owing were supported by undisputed evidence and accepted in related proceedings. Alternatively, the Strata sought to adduce fresh evidence, which included AGM minutes and budgets to establish the amounts owing. The respondents maintained the limitation period began before February 2021, objected to new arguments on appeal, and submitted the judge correctly found the claim unproven and that the fresh evidence application failed the Palmer criteria. The issues were whether the claim was statute-barred, whether the Court permitted the Strata to adduce fresh evidence, and whether the judge erred in finding that the claim in respect of the period since February 2021 was unproven....