CRT Roundup—unit entitlement, expense allocation, bylaw enforcement, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 15 new decisions since the last post. Fundamental changes—changes to strata lot—amending Schedule of Unit Entitlement—loft—bylaws—enforcement—validity—significant unfairness Hassan v The Owners, Strata Plan LMS 2854, 2018 BCCRT 303, featured a dispute that came about due to alterations to a strata lot: This dispute arises because the applicants have made alterations to the unit that increased the unit’s square footage. Read more

Strata Property Regulation amended to increase fines for breaches of short-term accommodation bylaws

The ministry of municipal affairs and housing has announced today that the Strata Property Regulation has been amended to increase the maximum fines that may be applied to a breach of a strata corporation’s short-term accommodation bylaws. The amended regulation (PDF) will set the maximum fine at “$1 000 for each contravention” of “a bylaw that prohibits or limits use of all or part of a residential strata lot for remuneration as vacation, travel or temporary accommodation.” Read more

BC Court of Appeal affirms decision on dedication of strata corporation’s common property as a highway

The Court of Appeal for British Columbia has dismissed an appeal of a decision of a chambers judge, which had held that a disposition of a strata corporation’s common property for use as a highway was required to comply with a subdivision provisions found in part 7 of the Land Title Act. Significantly, meeting these requirements meant that all of the strata-lot owners would be required to consent to the disposition of common property. British Columbia Read more

Case Comment: Ontario Human Rights Tribunal Makes Finding Re Age Discrimination in Benefits

On May 18th, 2018, the Human Rights Tribunal of Ontario issued an important decision in the case of Talos v. Grand Erie District School Board. The Tribunal found that terminating an employee’s health, dental and insurance benefits at age 65 is unconstitutional. This blog summarizes the case and discusses its significance. Summary of the Case Talos v. Grand Erie District School Board concerned a worker who lost his employee benefits (extended health, dental and life Read more

Liquidator, not strata council, must apply to court for confirmation of appointment and vesting of strata property in winding-up: BC Court of Appeal

In The Owners, Strata Plan VR2122 v Bradbury, 2018 BCCA 280, the BC Court of Appeal weighed in on some of the procedural requirements to wind up a strata property under part 16 of the Strata Property Act. The case was an appeal of a decision from late 2017, in which the BC Supreme Court confirmed the winding-up of a strata property “known as the Hampstead, a four-story residential building in Vancouver’s West End, built in 1988.” Read more