BCLI Blog

  • Scottish Law Commission consulting on penalty clauses in contracts

    2 December 2016—The Scottish Law Commission has just published its Discussion Paper on Penalty Clauses (PDF). In a news release (PDF) accompanying the discussion paper, the commission notes that it is “raising for consultation purposes the possibilities that the rule be abolished outright, or be completely replaced by new, much better-targeted rules to deal appropriately with […]   Read More

  • Spotlight on phases: Insurance coverage for a new phase

    2 December 2016—BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights […]   Read More

  • Strata corporation’s attempt to characterize fines as strata fees unsuccessful

    1 December 2016—The Owners, Strata Plan BCS3648 v Podwinski, 2016 BCSC 2253, a short oral judgment made in August, tackles an interesting issue. Section 116 of the Strata Property Act allows a strata corporation to “register a lien against an owner’s strata lot . . . if the owner fails to pay the strata corporation any of the […]   Read More

  • Update on Australian strata-property reform

    1 December 2016—While BCLI works on its own Strata Property Law Project—Phase Two, it has been keeping abreast of developments in Australian strata-property law. Two Australian states have just made announcements on the progress of their new strata-property legislation. In New South Wales, what has been described as a “new era” for strata properties began on […]   Read More

  • Societies Act comes into force today

    28 November 2016—Today British Columbia’s new not-for-profit corporate statute, the Societies Act, comes into force. The new act replaces the old Society Act. Today also marks the beginning of a two-year transition period, for existing societies to transition from the old act to the new act. Both the government of British Columbia (PDF) and the […]   Read More

  • Spotlight on phases: Should the Strata Property Regulation restrict a phased strata’s ability to amend bylaws relating to pets, rentals, age, and marketing?

    25 November 2016—BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights […]   Read More

  • Judgment in long-running dispute addresses powers of sections, voting

    23 November 2016—Yang v Re/Max Commercial Realty Associates (482258 BC Ltd), 2016 BCSC 2147, is the latest judgment in a dispute that has spawned two other BC Supreme Court decisions: Yang v The Owners, Strata Plan LMS 4084, 2010 BCSC 453, and Yang v 482258 Ltd (Re/Max Commercial Realty Associates) (21 January 2014), Vancouver S134432 […]   Read More

  • Ian Holt joins the Strata Property Law (Phase Two) Project Committee

    22 November 2016—BCLI’s Strata Property Law (Phase Two) Project Committee welcomes Ian Holt as its newest committee member. Ian started his career in real-estate sales in 1993. He is currently a real-estate agent with Re/Max Real Estate Services in Vancouver. Ian specializes and has sold many strata properties throughout his career. Ian is a member […]   Read More

  • BC Supreme Court tackles builders lien claim against a strata corporation’s common property

    16 November 2016—In a decision released yesterday, the Supreme Court of British Columbia addressed some of the difficult issues that can arise when a strata corporation engages a builder to carry out construction on common property. Primex Industries Inc v The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, contained a sustained discussion on whether […]   Read More

  • BC Court of Appeal sets aside fines because strata corporation failed to give owner notice and an opportunity to respond

    15 November 2016—In Terry v The Owners, Strata Plan NW 309, 2016 BCCA 449, the Court of Appeal for British Columbia reversed a decision made earlier this year by a judge of the supreme court in chambers and declared fines imposed on a strata-lot owner for failing to pay strata fees and a special levy to […]   Read More

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