BC Court of Appeal upholds decision not to penalize owner-developer for failing to hold strata corporation’s first AGM

In The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2016 BCCA 370, the Court of Appeal for British Columbia affirmed a decision made in chambers in The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2015 BCSC 2273. The case involved the interpretation of section 17 of the Strata Property Act. The chambers judge had found that an owner-developer shouldn’t be penalized under that section, despite failing to hold the strata corporation’s first Read more

BCLI Announces Re-Appointment of Rosario (Tino) Di Bella to Board of Directors

The British Columbia Law Institute (BCLI) is pleased to announce that the Ministry of Justice has re-appointed Rosario (Tino) Di Bella to our Board of Directors. Mr Di Bella practices law in Victoria with Jawl Bundon LLP. He brings expertise in law and aging, personal planning, land use, finance, and governance. He has served on the Board for the past eight years. Mr Di Bella has served as the Board’s Treasurer, Vice-Chair, Chair and Past-Chair. Read more

Spotlight on sections: Should sections have authority over common property?

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please Read more

Spotlight on sections: Qualifying conditions to create a section

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please click Read more

BC Human Rights Tribunal considers application of new service-dog law to strata bylaws, dismisses complaint alleging discrimination in accommodation based on a disability

In an application decided in late July, the British Columbia Human Rights Tribunal had to consider the intersection of strata bylaws, the Human Rights Code, and the new Guide Dog and Service Dog Act. The tribunal dismissed a complaint of discrimination on the basis of disability, which had its foundation in a strata corporation’s enforcement of its pet bylaw. Facts and issues BH obo CH v Creekside Estates Strata KAS1707 and another, 2016 BCHRT 100, Read more