BCLI Blog

  • Strata corporation’s decision not to redo exterior-wall treatment wasn’t significantly unfair to owner

    11 December 2017 In Chan v The Owners, Strata Plan BCS 0856, 2017 BCSC 2240, a strata-lot owner asked the BC Supreme Court for “a declaration that a February 24, 2014 decision of the strata council of the building in which she resides is significantly unfair to her, an order setting aside the decision, and an order that the […]   Read More

  • Strata corporation and strata-lot owner ordered to split the cost of replacing flood-damaged hardwood floor

    8 December 2017 In an appeal of an unreported provincial-court decision, the BC Supreme Court has ordered that it would be “just” for a strata corporation to be “held liable for 55% of the costs charged by the contractor for demolition and replacement of the hardwood flooring in the appellant’s unit, less a deduction of 15% representing betterment given […]   Read More

  • The Financing Litigation Series: Crowdfunding

    6 December 2017 This blog post is the fourth in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. Crowdfunding is used by individuals and businesses to raise small […]   Read More

  • BC Court of Appeal clarifies meaning of “habitable area” of a residential strata lot

    30 November 2017 In Barrett v The Owners, Strata Plan LMS3265, 2017 BCCA 414, the BC Court of Appeal allowed an appeal from a decision of a trial judge, affirming an earlier case’s conclusion that “ ‘habitable area’ means ‘that area within a residential strata lot which can, could or is capable of being lived in . . . free of serious defects […]   Read More

  • CRT Roundup—repair and maintenance, bylaw enforcement, and more

    30 November 2017 This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 13 new decisions since the last post. Repair and maintenance—solarium In Allard v The Owners, Strata Plan VIS 962, 2017 BCCRT 111, the respondent strata corporation “entered into a renewal project of its building, which includes the replacement of […]   Read More

  • The Financing Litigation Series: Alternative Fee Arrangements

    15 November 2017 This blog post is the third in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. There is no universal definition for an alternative fee arrangement […]   Read More

  • Ontario court refuses to amend condominium’s declaration to remove provisions enabling short-term rentals

    10 November 2017 With the advent of online services such as Airbnb, short-term rentals have been causing increasing anxiety for strata and condominium corporations across the country. This anxiety has spilled over into the courts, particularly in Ontario. Late last year, that province saw an important decision on a condominium corporation’s power to restrict short-term rentals. But another decision […]   Read More

  • Law Commission of Ontario seeks comments on modernizing the law of defamation

    9 November 2017 Earlier this month, the Law Commission of Ontario published its Consultation Paper on Defamation Law in the Internet Age. The paper is a major step in what its accompanying media release (PDF) describes as a project intended to be a “comprehensive review of defamation law, a body of law that largely predates both the Charter […]   Read More

  • Alberta Law Reform Institute Update: New Report for Discussion on Property Division

    9 November 2017 In October 2017, the Alberta Law Reform Institute announced a call for public comments on proposals to reform Alberta’s laws on property division for common-law couples and adult interdependent partners. On October 31, 2017, the institute published the Report for Discussion on Property Division: Living Together Before Marriage (PDF) as part of its Property Division […]   Read More

  • Signature of all owners required to transfer part of a strata corporation’s common property for highway dedication

    7 November 2017 In British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, the BC Supreme Court took on an issue that “has arisen in the past” with the hopes that “a determination here would clarify the requirements for the future.” The case involved the level of approval required to allow a […]   Read More

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