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A B.C. condo owner that was "mean, harsh and rude," to a gardener has lost a legal challenge against her strata.

The condo owner filed a case with the Civil Resolution Tribunal asking for an order to stop the strata from accusing her of bullying and harassment.

However, the Tribunal ruled that the condo owner had been "aggressive and threatening" and that the strata's response was "reasonable and appropriate" and dismissed the case.

The incident dates back to May 2021 and is laid out in an April 8 Civil Resolution Tribunal decision.

The decision said that during the incident in May 2021 condo owner Barbara Davidson yelled at a gardener working at her strata complex.

The next day, the gardener wrote to the strata about the incident and said that Davidson had "aggressively" yelled at her about her cutting the lawn.

Davidson then apologized to the gardener and "demanded" to know what she had done wrong.

The gardener described Davidson’s behaviour as "intimidating and upsetting" and in her letter to the strata asked the strata to tell condo owners to direct their questions about gardening to them.

Davidson admitted she spoke to the gardener but disputed the gardener's take on the situation and said she did not bully or harass her, and her conduct was "direct" rather than aggressive.

Following the incident, the strata then investigated, and concluded that Davidson had bullied and harassed the gardener.

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Davidson then took the strata to a Tribunal seeking an order to stop it accusing her of bullying and harassment.

In her submission to the Tribunal, Davidson said the strata had distributed an email to all condo owners saying that Davidson had been "found guilty of harassing and bullying the gardener."

However, the Tribunal found no proof such an email existed.

"I find Mrs. Davidson has not proved that the strata emailed all owners about the allegations against her or its investigation findings. There is no such document in evidence, and Mrs. Davidson did not provide particulars such as a date," the Tribunal ruled.

"The only remedy Mrs. Davidson requests in this dispute is an order that the strata stop accusing her of bullying and harassment," the decision read.

However, the Tribunal ruled her case was pointless.

"(The) incident is in the past, and does not affect any of Mrs. Davidson’s ongoing rights. The strata is not currently accusing her of any bullying or harassment. I, therefore, find the claim is moot, and the requested remedy would serve no purpose," the Tribunal ruled.

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"I infer that what Mrs. Davidson really wants is a retraction of the strata’s investigation findings," the decision said.

However, the Tribunal refused to do so pointing out multiple people saw Davidson's behaviour towards the gardener and weren't impressed.

One witness said that Davidson was "very aggressive and threatening in (her) stance and in (her) manner."

Another said Davidson was "mean, harsh, and rude," and that the gardener was getting upset.

Davidson's apology to the gardener was "half-hearted" another person said.

"I find that the strata’s response to (the gardener's) letter was reasonable and appropriate in the circumstances," the Tribunal ruled.

With that, the Tribunal dismissed the case.

"I find it is unjustified in the circumstances to make an order binding the strata’s future conduct," the Tribunal ruled.

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