Protecting Older Investors: A Joint Project of FAIR Canada and the CCEL

Canada is in the midst of a huge demographic shift. By 2024, people aged 65 and over will account for 20 percent of the country’s population. This has significant policy implications, from infrastructure needs to health care and community services. People don’t often think about the investment industry as being impacted, but the reality is that financial services firms serve millions of senior investors. As older adults experience dementia or other conditions that affect their Read more

CRT Roundup—bylaw and rule enforcement, res judicata

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been two new decisions since the last post. Bylaw and rule enforcement: compliance with statutory procedure In SM v The Owners, Strata Plan ABC, 2017 CRTBC 23, a strata lot owner asked for a $150 fine to be waived. The fine was “imposed following a May 2016 vandalism incident involving a member of the applicant’s family.” The owner didn’t Read more

BC Supreme Court finds strata-lot owners in contempt of court order, orders eviction and sale of their strata lot

Section 173 of the Strata Property Act gives the BC Supreme Court wide powers to order compliance with the act and a strata corporation’s bylaws and rules. In The Owners, Strata Plan LMS 2768 v Jordison, 2013 BCCA 484, the court of appeal concluded that these powers include the power to evict a strata-lot owner and order the forced sale of the owner’s strata lot. The Owners, Strata Plan NW 1245 v Linden, 2017 BCSC 852, is Read more

First Impressions of BCLI and CCEL

My first week with BCLI and CCEL as their Summer Legal Research Student was a whirlwind of consultations, focus group meetings, and BCLI’s 20th anniversary event. It is only my second week with BCLI and CCEL, but I can already tell that I am going to enjoy my summer! My very first impression of BCLI and CCEL was how friendly and supportive the staff are. The BCLI/CCEL team is a group of very passionate people Read more

BC Court of Appeal: Classification of strata lots as residential must be determined “at or around the inception of the development”

In East Barriere Resort Ltd v The Owners, Strata Plan KAS1819, 2017 BCCA 183, the Court of Appeal for British Columbia allowed an appeal from a decision of a chambers judge in a case concerning the interpretation of the expression “residential strata lots” in section 128 of the Strata Property Act. As the court of appeal put it, “the essential position of the parties can be contrasted in this way: the petitioners would look to the ‘design Read more