• Strata corporation’s counterclaim against owner-developer barred by Limitation Act

    27 April 2016—In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The application turned on […]   Read More

  • BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation

    26 April 2016—In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the complaint and application […]   Read More

  • Common-Law Tests of Capacity Project featured on Common Law Radio

    25 April 2016—BCLI’s Common-Law Tests of Capacity Project was featured on a recent episode of Vancouver Co-op Radio’s program Common Law Radio. BCLI staff lawyer Kevin Zakreski appeared on the program to discuss the current law on mental capacity and the project’s recommendations for reform. The episode is available online on the Common Law Radio website […]   Read More

  • Spotlight on Western Australia: Reforms coming to strata properties

    21 April 2016—This month marks a significant development in a major project to reform strata-property law in Western Australia. Landgate, an agency similar to British Columbia’s Land Title and Survey Authority, has been carrying out a project to reform Western Australia’s Strata Titles Act 1985 (PDF) since September 2013. A consultation paper (PDF) for the project […]   Read More

  • Ontario court examines duty to repair and oppression remedy for strata properties

    18 April 2016—In Ryan v York Condominium Corporation No 340, 2016 ONSC 2470, Mr. Justice Perell of the Ontario Superior Court of Justice examined two pillars of strata-property law: the duty to repair and maintain the property and the remedy for oppressive actions or conduct. The case focussed on sections 89 (repair after damage) and 135 […]   Read More

  • New guide available to help societies with transition to Societies Act

    15 April 2016—As part of its ongoing effort to collect practical material to assist societies in the transition to the new Societies Act, BC Registry Services has just published a new guide (PDF). The new publication, which is titled Preparing for B.C.’s New Societies Act: A Guide to the Transition Process, contains helpful information aimed at getting […]   Read More

  • ALRI launches consultation on perpetuities law

    13 April 2016—In its just-published report for discussion Perpetuities Law: Abolish or Reform? (PDF), the Alberta Law Reform Institute is asking the public for its views on fundamental changes to the law of perpetuities in Alberta. As ALRI notes, “[p]erpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up […]   Read More

  • BC Supreme Court grants strata corporation wide-ranging order restraining strata-lot owners from engaging in further disruptive and abusive behaviour

    12 April 2016—The Owners, Strata Plan NW 1245 v Linden, 2016 BCSC 619, is another example of strata corporation going to court to obtain an order directing strata-lot owners to comply with bylaws or to refrain from disruptive behaviour. The case involved a 95-unit residential strata property located in Burnaby. The petitioner was the strata corporation. […]   Read More

  • California Law Revision Commission launches study to examine intersection of strata-property and builders-lien law

    8 April 2016—BCLI currently has two active projects examining issues in strata-property law and builders-lien legislation. As part of its own long-range study on California’s equivalent to the Strata Property Act, the California Law Revision Commission recently announced an interest in tackling issues that arise when strata-property and builders-lien law intersect. As a starting point, CLRC has just […]   Read More

  • Law Commission for England and Wales seeking comments on reforms to land registration

    7 April 2016—In its just-published Consultation Paper on Updating the Land Registration Act 2002 (PDF), the Law Commission for England and Wales is asking the public to comment on its proposals for reform of England and Wales’s land-registration law. The commissioner for property, family, and trust law made the following comments on the goals of the consultation: […]   Read More

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