Ontario Superior Court considers cost sharing and responsibility for repairs in a mixed-use strata

In Middlesex Condominium Corp No 195 v Sunbelt, 2016 ONSC 1528, the Ontario Superior Court of Justice examined three issues that have raised concerns in British Columbia strata-property law as well. These issues are: (1) allocation of common expenses between commercial and residential strata lots in a mixed-use strata; (2) application of the Limitation Act to strata-property disputes; and (3) responsibility to repair windows. Facts and background The case involved “a seven-storey mixed-use (residential and commercial) Read more

Legal Pluralist Law Reform

BCLI has recently participated in a number of discussions about the measurement and evaluation of law reform impact. Thinking about impact raises questions about the very nature of law reform. What is law reform and what does it achieve? Where do you find it? What does it look like? As part of that reflective process, our research assistant, Sebastian Ennis, came across an article by Dr. Roderick Macdonald, a prominent legal scholar and former President Read more

Law Commission for England and Wales publishes Interim Statement on Mental Capacity and Deprivation of Liberty

Since 2014, the Law Commission for England and Wales has been carrying out a project on mental capacity and deprivation of liberty. The project is examining a specific piece of delegated legislation, called the deprivation of liberty safeguards (found in schedule A1 and schedule 1A to the Mental Capacity Act 2005), which “aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment in a hospital Read more

BCLI Announces Re-Appointment of Thomas Spraggs to Board of Directors

The British Columbia Law Institute (BCLI) is pleased to announce that the Ministry of Justice has re-appointed Thomas Spraggs to our Board of Directors. Mr Spraggs is the owner and operator of Spraggs and Company Law Corporation, which specializes in personally injury law. He has served on the Board for the past four years. Since March 2014, Mr Spraggs has been Treasurer and Chair of the Audit, Risk, and Finance Committee. He is also a Read more

Civil Resolution Tribunal planning early intake for strata-property disputes

BCLI is engaged in a project to reform aspects of strata-property law. But it isn’t the only organization in British Columbia that is working on reforms in this area. Another significant initiative involves the resolution of strata-property disputes. On this front, the planned Civil Resolution Tribunal is taking steps toward launching its online dispute-resolution service. The tribunal has just announced that it is gearing up for early intake of strata-property disputes, starting in summer 2016. As the Read more