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…

Update on Western Australia strata-property reform: New legislation “unlikely” in 2016

As part of its Strata Property Law Project—Phase Two, BCLI is following reform efforts unfolding in other jurisdictions, such as Ontario, New South Wales, and Western Australia. Earlier this month, Landgate—a major contributor to Western Australia’s project—published an update on progress in that state. The update quoted Western Australia’s minister for lands: Recently the Minister for Lands said that he had “hoped strata title reform would be introduced into Parliament by the end of the year Read more…

Ontario court sides with strata corporation in parking-lot dispute

Cheung v York Region Condominium Corporation No. 759, 2016 ONSC 4236, involved a claim that an Ontario condominium corporation’s bylaw governing allocation of parking stalls amounted to oppression of a condominium unit owner. The case reviews the general principles of the Condominium Act, 1998’s oppression remedy and applies them to the often-fraught issue of managing parking. The condominium at issue contained 33 units. Its “declaration was registered on October 19, 1990.” It “is part of the York Corporate Read more…

Civil Resolution Tribunal to begin early intake of strata claims in mid-July

British Columbia’s Civil Resolution Tribunal has just announced that it will start accepting strata-property claims for early intake on 13 July 2016. Early intake will give people involved in strata-property disputes and the tribunal “a chance to test our process to make sure it works as well as possible for the public once we’re fully open. It will also allow us to provide a little help for people with ongoing strata disputes who are eager to take Read more…

Alex Longson joins Strata Property Law (Phase Two) Project Committee

BCLI is pleased to welcome Alex Longson as a new member of its volunteer committee for the Strata Property Law Project—Phase Two. Alex started his career in real estate in 2005, shortly after emigrating from the United Kingdom, where he had 20 years’ experience in the automotive-engineering industry working as a test engineer for Ford Motor Company. He became licensed for strata management in 2006 with a brokerage in the Okanagan, and subsequently became licensed Read more…