BCLI Blog

  • BC Supreme Court confirms Richmond strata’s winding-up resolution

    12 April 2018 Re Strata Plan NWS837, 2018 BCSC 564, is the latest in a stream of cases on terminating a strata property under the Strata Property Act’s new winding-up provisions. The case involved a strata “known informally as ‘Ascott Wynde,’ ” consisting of “102 strata lots and associated common property, which are contained primarily in two free-standing buildings located . . . in […]   Read More

  • Spotlight on strata governance: Should the strata corporation’s lien be expanded to encompass fines?

    10 April 2018 BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is […]   Read More

  • The Financing Litigation Legal Research Project: Six-month Update

    4 April 2018 2017 was an exciting year for BCLI’s Financing Litigation Legal Research Project, culminating in the publication of the Study Paper on Financing Litigation on October 4, 2017. The study paper has been well received by stakeholders, legal academics, lawyers and legal advocates alike. Study Paper on Financing Litigation The study paper examines the traditional and […]   Read More

  • Manitoba Law Reform Commission Releases Final Report on Small Estates

    3 April 2018 Manitoba Law Reform Commission Releases Final Report on Small Estates On March 20th, the Manitoba Law Reform Commission (MLRC) released its final report entitled, Updating the Administration of Small Estates in Manitoba—Final Report #135. The report examines “possible amendments to improve the legislation and procedure related to the summary administration of small estates”, as part […]   Read More

  • Strata Property Law Project update: highlight for first quarter of 2018 was consultation on governance

    3 April 2018 The ongoing consultation on governance issues for stratas was the highlight of the first three months of 2018 for BCLI’s Strata Property Law Project—Phase Two. The first quarter of 2018 also saw the project committee make progress on land-title and insurance issues. And there were continuing developments in the courts on the Strata Property Act’s […]   Read More

  • CRT Roundup—bylaw enforcement, limited common property, repairs and maintenance, and more

    29 March 2018 This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 16 new decisions since the last post. Governance—bylaws—enforcement—disposal of owner’s property stored on limited common property In Figure Ski Enterprises Inc v The Owners, Strata Plan K 838, 2018 BCCRT 46, the applicant strata-lot owner claimed “the strata inappropriately […]   Read More

  • Spotlight on strata governance: Should section 8 of the standard bylaws be relocated to the act?

    27 March 2018 BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is […]   Read More

  • Appeal of CRT decision will give BC Supreme Court opportunity to review the law on insurance deductibles and strata properties

    22 March 2018 In The Owners, Strata Plan BCS 1589 v Nacht, 2018 BCSC 455, the Supreme Court of British Columbia has granted leave to appeal a decision of the Civil Resolution Tribunal in a case involving damage resulting from a water leak in a strata lot. The appeal will give the court the opportunity to review key questions […]   Read More

  • Alberta Law Reform Institute publishes Report on Competence and Communication in the Alberta Evidence Act

    19 March 2018 The Alberta Law Reform Institute (ALRI) has published its final report on recommendations to reform the Alberta Evidence Act “to facilitate the reception of evidence from children, adults with cognitive impairment, and witnesses who use alternative means of communication.” As ALRI notes, On occasion, a court must determine whether a proposed witness is credible or competent to […]   Read More

  • Law Commission of Ontario seeks comments on class actions

    15 March 2018 On March 9, 2018, the Law Commission of Ontario published a consultation paper for its Class Actions: Objectives, Experience, and Reforms project. The media release announcing the province-wide consultation notes the project “is the most comprehensive assessment of Ontario’s Class Proceedings Act [emphasis added] since it came into force more than 25 years [ago].” The […]   Read More

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