BCLI Announces Re-Appointment of the Honourable Marion J Allan to Board of Directors

We are pleased to announce that the Honourable Marion J. Allan has been re-appointed to the British Columbia Law Institute Board of Directors. Ms. Allan will serve as a representative of the Canadian Bar Association BC Branch. Her three-year term begins 1 August 2016. Ms. Allan graduated from UBC with a BA in 1967, from the University of Alberta with an MA in International Relations in 1970, and from UBC with an LLB in 1977. Read more

Scottish Law Commission Updates Third Party Rights in Contract Law

The Scottish Law Commission recently released its report on third party rights in contract law. In jurisdictions such as England and Canada, strangers to a contract (termed “third parties”) are generally not permitted rights under it, but exceptions exist. This rule is known as privity of contract. By contrast, Scots law allows a contract, in certain circumstances, to contain enforceable rights in favour of a third party. In other words, one may give a right Read more

New rules on terminating a strata in force

New rules on terminating a strata came into force on 28 July 2016. At that time, order in council 592/2016 was adopted. The order in council brought into force the termination provisions of Bill 40, Natural Gas Development Statutes Amendment Act, 2015. These provisions amended part 16 of the Strata Property Act, which deals with cancelling a strata plan and winding up a strata corporation. OIC 592/2016 also contained changes to the Strata Property Regulation and the Read more

Manitoba strata corporation’s window-replacement project found not to have discriminated against owners on the basis of disability

In four complaints against the same condominium corporation, the Manitoba Board of Human Rights has ruled that replacing clear windows with tinted windows did not amount to discrimination under The Human Rights Code. Three of the complaints—Renard v Winnipeg Condominium Corporation No 30, 2016 MBHR 3, Gordon v Winnipeg Condominium Corporation No 30, 2016 MBHR 4, and Kinvig v Winnipeg Condominium Corporation No 30, 2016 MBHRC 5—involved complainants who had extremely limited vision, to the Read more

Alberta court holds that creditors with registered builders liens and caveats have priority over strata-lot purchasers’ unregistered trust interests

In 1864684 Alberta Ltd v 1693737 Alberta Inc, 2016 ABQB 371, the Alberta Court of Queen’s Bench made a “determination of creditors’ entitlement to net sale proceeds” of a commercial-condominium development located in Airdrie, Alberta. The condominium’s developer was in receivership and the land “was sold in a court-supervised receivership,” with the proceeds being paid into court. The court was asked to determine the claims of “four classes of creditors that could claim entitlement to the Proceeds”: Strata-lot Read more