Court finds strata-lot owners suffered “no prejudice” from arbitrators’ failure to advise them of the possibility of a mediated settlement

Hunt v The Owners, Strata Plan LMS 2556, 2017 BCSC 786, is the latest chapter in a dispute involving the proposed installation of a heating, air-conditioning, and ventilation system on a strata’s limited-common-property balcony. Although the HVAC system was never actually installed, the prospect of its approval by the strata council drove neighboring strata-lot owners to commence an arbitration proceeding against the strata corporation under part 10 of the Strata Property Act. This led to a Read more

BC Supreme Court considers first application to appeal CRT decision

There is no automatic right to appeal a decision in a strata-property case by the Civil Resolution Tribunal. If a party disagrees with the CRT’s decision, the party may only appeal to the supreme court if all the other parties consent or if the court grants leave to appeal. Appeals are only allowed on a “question of law arising out of the decision” and, in considering applications for leave, the legislation invites the court to bear Read more

Garrett Robinson joins the Strata Property Law Project Committee

BCLI’s Strata Property Law (Phase Two) Project Committee welcomes Garrett Robinson as its newest committee member. Garrett started his career in real-estate sales in 1993. He is currently a realtor with Re/Max Crest Realty Westside in Vancouver. Garrett is a member of the Real Estate Board of Greater Vancouver and the Canadian Real Estate Association and is licensed with the Real Estate Council of British Columbia. Garrett has previously been a subcommittee member of the 2009 Read more

The Law Commission Publishes its Final Report on Mental Capacity and Deprivation of Liberty

On March 13 2017, the Law Commission of England and Wales published its final report on  Mental Capacity and Deprivation of Liberty. While the Commission is still awaiting response from government, the report culminates a three-year process which included one of the largest consultation efforts the Commission has undertaken. The project was meant to determine what reforms were needed to address deficiencies in the Mental Capacity Act and the Deprivation of Liberty Safeguards (DoLS). The Read more

CRT Roundup—responsibility for repairs, strata-council composition and meetings, collection of arrears, and tribunal procedure

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Responsibility for repairs to strata lot Rawle v The Owners, Strata Plan NWS 3423, 2017 CRTBC 15, involved a dispute between a strata-lot owner and a strata corporation, which “arose because a fireplace exhaust pipe, also known as a flue, was found to be disconnected in the [strata lot’s] fireplace wall Read more