• Financing Litigation Legal Research Project Update

    5 February 2016—”Access to justice” continues to be a hot-button issue across Canada. It is a high-priority topic not only for the Canadian Bar Association, provincial Law Societies, and Law Foundations – but for everyday people who find themselves faced with a legal system that often appears unapproachable. With funding from the Law Foundation of […]   Read More

  • Strata corporation’s handling of smoking complaint found not to be significantly unfair

    3 February 2016—The BC Supreme Court has issued its third judgment in one month on a strata-property smoking dispute. After considering a blanket no-smoking bylaw and an order that a strata-lot owner cease and desist from smoking in his unit, in Chorney v The Owners, Strata Plan VIS770, 2016 BCSC 148, the court considered a strata […]   Read More

  • Major changes coming to Ontario condominium law

    29 January 2016—2015 was something of a high-water mark for reforms to strata-property law. Both British Columbia and New South Wales passed major amendments to their governing legislation. Ontario, too, passed a landmark amending act late last year. On 3 December 2015, the Protecting Condominium Owners Act, 2015 (PDF) received royal assent. The act had its genesis in […]   Read More

  • Strata corporation obtains order that owner cease and desist from smoking in strata lot

    26 January 2016—The British Columbia Supreme Court has had occasion to rule on another case involving smoking in a strata lot. In The Owners, Strata Plan NW 1815 v Aradi, 2016 BCSC 105 the court granted a strata corporation an order under section 173 of the Strata Property Act that an owner refrain from contravening the strata […]   Read More

  • BC Supreme Court upholds enhanced charges for defined support services in strata property catering to seniors

    25 January 2016—In its recently released decision in The Owners, Strata Plan VIS4686 v Craig, 2016 BCSC 90, the BC Supreme Court examines the intersection of strata-property rules on common expenses and for-profit supportive housing for older adults. The court granted the petitioner strata corporation a declaration under section 171 (1) (a) of the Strata Property […]   Read More

  • Strata corporation’s liens discharged for lack of proper notice

    20 January 2016—In a case decided late last year, the BC Supreme Court considered the interplay of two provisions in the Strata Property Act: section 116, which authorizes a strata corporation to register a lien against a strata lot if its owner has failed to make certain listed payments to a strata corporation, and section […]   Read More

  • BC Registry Services rolls out new resources for the transition to the Societies Act

    20 January 2016—The new Societies Act is scheduled to come into force on 28 November 2016. This date will also mark the beginning of the two-year transitional period for existing societies to transition from the old legislation to the new. In anticipation of these major changes to the law governing British Columbia’s not-for-profit corporations, BC Registry Services […]   Read More

  • New rules for strata corporations on guide and service dogs in force today

    18 January 2016—British Columbia’s Guide and Service Dog Act comes into force today, bringing with it some new rules for strata corporations. The act contains a consequential amendment to the Strata Property Act, which provides that a “bylaw that prohibits a pet or other animal or that restricts the access of a pet or other […]   Read More

  • BC Supreme Court releases judgment in long-running commercial-strata dispute

    14 January 2016—The Supreme Court of British Columbia has just released its trial judgment in The Owners, Strata Plan LMS 3259 v Sze Hang Holding Inc, 2016 BCSC 32, marking the latest chapter in a dispute that stretches back to 2001 and that has already generated two decisions from the court of appeal— The Owners, Strata […]   Read More

  • Manitoba Law Reform Commission recommends modernization of law on municipal conflicts of interest

    13 January 2016—In its just-published final report Modernizing The Municipal Council Conflict of Interest Act: Accountability, Enforcement & Oversight (PDF), the Manitoba Law Reform Commission is recommending reforms to how Manitoba deals with conflicts of interest at the level of municipal councils. The summary of the report gives this description of its scope and primary […]   Read More

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