B.C. woman thrown in jail after escalating strata dispute
A Vancouver woman who ignored a court order imposed after she got into a lengthy legal battle with her strata over short-term vacation rentals has been sent to prison for 30 days for contempt of court.
B.C. Provincial Court Judge Joanne Challenger said that while Emily Yu appeared to have some sort of personality disorder and some of her arguments in court were "not founded in reality," she had acted purposefully to avoid being prosecuted.
According to an Oct 14 B.C. Provincial Court decision, Yu got into a dispute with her strata because she failed to comply with its bylaws and continued to rent her townhouse for short terms rentals.
Yu and the strata ended up at the B.C. Civil Resolution Tribunal and then in the Supreme Court.
The strata managed to get a court order to sell her townhouse to pay for fines and strata fees but Yu refused to move out.
The strata headed back to court for an enforcement order.
When the bailiffs finally arrived months after Yu was supposed to have vacated, she'd added extra padlocks to the property, was argumentative and physically resistant, and was ultimately arrested by the RCMP.
During the proceeding, she failed to comply with a court injunction and was found guilty of contempt of court in April.
The decision says the court wanted Yu to have a psychiatric assessment prior to her sentencing but she refused.
Judge Challenger described Yu as "non-compliant or resistive" during the court proceeding and had some "paranoid thinking patterns."
"Ms. Yu’s conduct during the trial of this matter was characterized by contempt for the process and for the rule of law. She was often argumentative, accusatory and defiant. She persisted in pursuing lines of questioning which were clearly not founded in reality. In particular, she repeatedly suggested that the witnesses (and even the judge who issued a warrant when she did not appear for the first day of trial) were imposters," the judge said. "She alleged that most documents were forgeries."
Yu also told the court she was a victim of identity theft.
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The decision says Yu was consistently late for court and didn't turn her cell phone off.
The judge then threatened for her to be held in custody if she didn't show up on time with her phone on silent.
"Following this, she complied," the Judge said. "I infer from this conduct that Ms. Yu is well able to understand directions and change her behaviour when she sees it as being in her interest to do so."
Yu also tried to argue that she didn't understand English very well.
The judge didn't buy it.
"Over the course of the proceedings, it became clear that her level of comprehension of English is quite good. and she is able to speak effectively in English," the judge said. "I find Ms. Yu consciously attempted to manipulate the court as to her competency in English in order to provide her with a potential defence to the charge."
The judge also found Yu was mentally competent to stand trial.
"I find the fantastical theories and unfounded suggestions made during the trial before me, including her assertion that she is still the lawful owner of the townhouse, were the product of the mind of a desperate person who likely has an unhealthy personality construct," the judge said. "I also conclude that despite her issues, whatever they may be, she has acted purposefully with a view to escaping liability and has said and done whatever she thought in the moment would best serve her ends."
The judge said there was very little known about Yu and thought she was between 40 and 50 years old.
She is the mother of two adult children, one who lives in China and the other lives with their dad and goes to university locally.
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Even a reference letter from a member of Yu's church highlighted that she needed counselling.
The letter described Yu as hardworking and very bright but she was also "reckless, too ambitious, paranoid, troubled, stubborn and isolated."
Yu had attached a note to the letter asking to "fix" those bits.
The Crown asked for a period of probation, but then changed its tune and asked for 15 to 30 days behind bars.
The judge noted there were very few similar cases where someone had refused to comply with a court order over a property dispute.
The judge said a non-custodial sentence wouldn't provide society with denunciation and a general deterrent.
"I am not able to find that being convicted in this matter has served to bring home to her the seriousness of her conduct and her responsibility for it," Judge Challenger said. "I find Ms. Yu’s ongoing defiance has been so wilful and deliberate that a significant period of incarceration is necessary."
With that, Yu was sentenced to 30 days jail followed by one-year probation.
She is also restricted from going within 100 metres of her former strata unit.
READ MORE: B.C. condo owner wins case against strata over Airbnb rules
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