Federal government suspends coming-into-force of CASL’s private right of action

Canada’s anti-spam legislation (CASL) prohibits people from sending commercial electronic messages (such as email, text messages, and private social-media messages) to someone unless the sender has: (1) obtained consent, (2) provided identification information, and (3) provided an unsubscribe mechanism. CASL applies to both for-profit businesses and not-for-profit charities and organizations. Contravening CASL’s provisions could leave a person exposed to (potentially) very large administrative monetary penalties. While the bulk of CASL’s provisions came into force on 1 Read more

Saskatchewan court finds strata owner in arrears of “contributions” not entitled to vote

Section 53 (2) of BC’s Strata Property Act governs when a strata-lot owner who owes money to the strata corporation may lose the right to exercise the strata lot’s vote. That vote may be lost if the following apply: the strata corporation has a bylaw providing that the owner’s right to vote will be lost if the strata corporation is “entitled to register a lien against that strata lot under section 116 (1)” and the vote Read more

Protecting Older Investors: A Joint Project of FAIR Canada and the CCEL

Canada is in the midst of a huge demographic shift. By 2024, people aged 65 and over will account for 20 percent of the country’s population. This has significant policy implications, from infrastructure needs to health care and community services. People don’t often think about the investment industry as being impacted, but the reality is that financial services firms serve millions of senior investors. As older adults experience dementia or other conditions that affect their Read more

CRT Roundup—bylaw and rule enforcement, res judicata

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been two new decisions since the last post. Bylaw and rule enforcement: compliance with statutory procedure In SM v The Owners, Strata Plan ABC, 2017 CRTBC 23, a strata lot owner asked for a $150 fine to be waived. The fine was “imposed following a May 2016 vandalism incident involving a member of the applicant’s family.” The owner didn’t Read more

BC Supreme Court finds strata-lot owners in contempt of court order, orders eviction and sale of their strata lot

Section 173 of the Strata Property Act gives the BC Supreme Court wide powers to order compliance with the act and a strata corporation’s bylaws and rules. In The Owners, Strata Plan LMS 2768 v Jordison, 2013 BCCA 484, the court of appeal concluded that these powers include the power to evict a strata-lot owner and order the forced sale of the owner’s strata lot. The Owners, Strata Plan NW 1245 v Linden, 2017 BCSC 852, is Read more