Strata-lot owner held responsible to pay strata corporation’s insurance deductible in leaky-toilet case

In a case decided late last month, the Provincial Court of British Columbia (Small Claims) has held a strata-lot owner responsible to pay the strata corporation’s insurance deductible. The case is the latest example of how courts are handling the legal issues that arise when strata-property law and insurance law intersect. Strata Plan VR360 v Jauhar, 2016 BCPC 238, involved water damage apparently resulting from an overflowing toilet. The claimant was the strata corporation; the Read more

New South Wales: New strata-property legislation in force 30 November 2016

NSW Fair Trading has announced that New South Wales will have new strata-property legislation coming into force on 30 November 2016. The legislation will herald “a new era for strata” in New South Wales. The new legislation consists of two statutes called the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015. NSW Fair Trading notes that these acts include the following “key changes”: strengthening the accountability of strata managers; allowing owners to adopt modern technology to Read more

Law Reform Commission of Saskatchewan Issues Consultation Paper on The Homesteads Act, 1989

The Law Reform Commission of Saskatchewan recently issued a consultation paper on The Homesteads Act, 1989. The Act protects spouses who do not own their homes against the sale, mortgaging, or other disposition of the spousal home without their prior written consent. The Commission explains the difference between family property rights and rights under homestead legislation in this way: Although the non-owning spouses in these relationships have rights under family property legislation, homestead legislation provides Read more

BC Court of Appeal clarifies interpretation of Strata Property Act’s rental-restriction rules

In Mathews v The Owners, Strata Plan VR 90, 2016 BCCA 345, the Court of Appeal for British Columbia clarified the requirements of the rental-restriction rules found in section 141 of the Strata Property Act. Previous decisions had agreed that section 141 (3) requires a strata corporation to have a procedure that must be followed in deciding whether an owner will be allowed to rent out a strata lot. But the cases had disagreed on whether Read more

Law Reform Commission of Saskatchewan Issues Consultation Paper on The Intestate Succession Act, 1996

The Law Reform Commission of Saskatchewan recently issued a consultation paper on The Intestate Succession Act, 1996. The Act determines how an estate is divided in Saskatchewan when there is no valid will, or if there is a portion of an estate left after the will is applied. Just over half of Canadian adults do not have a signed will. This number increases with younger adults. The Commission wants to get feedback from a wide Read more