Court finds that strata corporation’s decision to share expenses based on unit entitlement was significantly unfair to owner

In King Day Holdings Ltd v The Owners, Strata Plan LMS3851, 2018 BCSC 1772, the BC Supreme Court considered a petitioner’s request for “a declaration that the strata fees [and special levies] levied against it by the respondent strata corporation constitute a significantly unfair action and seeks relief under s. 164.” The court sided with the petitioner, even though the respondent strata corporation had decided to calculate the strata fees and special levies at issue on Read more

CCEL Forms Inclusive Investing Project Advisory Committee

The 
Canadian 
Centre 
for Elder Law (CCEL) has formed a project advisory committee to guide its research and consultation for its Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision-Making project. “The project advisory committee brings together individuals with a diverse range of experience and expertise from BC and Ontario to examine how vulnerable investors are using supported decision making in the investment context,” commented committee chair Jim Emmerton. The members of the Read more

FOLRAC considers diversity in decision-making at 2018 symposium

On 11–12 October 2018 the Federation of Law Reform Agencies of Canada held its biennial symposium in Edmonton, on the campus of the University of Alberta. Each of FOLRAC’s member-agencies—the Alberta Law Reform Institute, the British Columbia Law Institute, the Law Commission of Ontario, the Law Reform Commission of Saskatchewan, and the Manitoba Law Reform Commission—had representatives at the symposium. The symposium’s theme was diversity in decision-making. This theme was pursued in the following sessions: Read more

BC Law Institute Announces Changes on the Board of Directors

On September 12th, the BC Law Institute held its Annual General Meeting and is pleased to announce the executive committee for 2018-2019: Thomas L. Spraggs, Chair Andrea Rolls, Vice Chair Margaret H. Mason Q.C., Treasurer Oliver Fleck, Secretary Lisa A. Peters Q.C., Past Chair BCLI is pleased to welcome to the Board Dr Elizabeth Adjin-Tettey, the appointee of the Dean of the Faculty of Law at the University of Victoria.  BCLI also welcomes back to Read more

Court orders that temporarily deprive owners of voting rights can be reconciled with democratic governance of a strata corporation: BC Supreme Court

Norenger Development (Canada) Inc v Strata Plan NW 3271, 2018 BCSC 1690, is the latest proceeding in a long-running dispute between the sections of “a two-building condominium development known as the Richmond Landmark,” which has already featured notable decisions from the BC Supreme Court and BC Court of Appeal. These two decisions had some interesting things to say about the nature and limits of strata-property governance, particularly in a strata corporation with sections created under part Read more