Financing Litigation Legal Research Project – 2017 Update

A great deal has happened with the BCLI’s Financing Litigation Legal Research Project since the last update in February 2016.  A series of consultation sessions were held with experts to gather information, feedback and advice on the BCLI’s proposed topics of discussion.  One-on-one interviews were also conducted with individuals who shared their knowledge and experiences on how people pay for litigation in the province.  These sessions and interviews concluded in the Spring of 2016, at Read more

Ontario court issues injunction restraining condominium corporation from holding meeting to consider termination

In the wake of recent changes to the Strata Property Act, termination has become a topic of interest in British Columbia. A recent case from Ontario, where the Condominium Act, 1998, has a longstanding provision allowing termination and sale of a condominium property when “the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of the sale,” highlights some interesting issues that can come into play when Read more

Saskatchewan courts tackle cost sharing in condominiums

Late last month, Saskatchewan’s Court of Queen’s Bench issued two judgments examining cost sharing in a condominium property. Cost sharing has been front and centre in recent work in BCLI’s Strata Property Law Project, culminating in the publication of the Consultation Paper on Complex Stratas (PDF). The consultation paper examined how British Columbia’s legislation and regulations enabling sections and types can take the pressure off apportioning common expenses in a strata property strictly by reference Read more

Completing complex-stratas consultation, making progress on governance issues highlights for latest quarter of Strata Property Law Project

The first three months of 2017 were a time of transition for BCLI’s Strata Property Law Project—Phase Two. The consultation on complex stratas closed. The project committee began reviewing its final report for this part of the project. Meanwhile, the committee made progress on examining issues for the next part of the project, which tackles selected governance, common property, and land-title issues. Consultation on complex stratas After being open for public comment for 4.5 months, Read more

The Alberta Law Reform Institute Recommends Abolishing Perpetuities Law

On March 21, 2017, the Alberta Law Reform Institute (ALRI) published its report  Abolition of Perpetuities Law. In the report, the ALRI recommends that Alberta follow Manitoba, Nova Scotia, and Saskatchewan in abolishing the rule against perpetuities. The Uniform Law Conference of Canada (ULCC) also recommended abolishing perpetuities law in its 2012 Uniform Trustee Act. Project History The ALRI first reviewed perpetuities law in 1971. At the time, it recommended reforms to the modern rule Read more