Western Australia passes reforms to its strata-property legislation

The Government of Western Australia and Landgate have announced the passage of new strata-property legislation for the Australian state. The Strata Titles Amendment Bill 2018 (PDF) is the culmination of a lengthy reform process spearheaded by Landgate (Western Australia’s land-title authority). The bill’s explanatory memorandum (PDF) spells out the range of this legislation, which addresses an array of legal issues including: new statutory duties for strata managers; enhanced management standards for strata corporations; voting and meeting reforms; Read more

BC Supreme Court directs an assessment of strata corporation’s reasonable legal costs for remedying a contravention of its age bylaw

In The Owners, Strata Plan NWS3075 v Stevens, 2018 BCSC 1784, the BC Supreme Court considered a strata corporation’s request for an order that the respondent strata-lot owner “pay its actual legal fees, other fees and disbursements pursuant to s. 133 of the Strata Property Act.” Section 133 allows a strata corporation to “do what is reasonably necessary to remedy a contravention of its bylaws or rules.” The court granted the strata corporation its order, and referred Read more

Court finds that strata corporation’s decision to share expenses based on unit entitlement was significantly unfair to owner

In King Day Holdings Ltd v The Owners, Strata Plan LMS3851, 2018 BCSC 1772, the BC Supreme Court considered a petitioner’s request for “a declaration that the strata fees [and special levies] levied against it by the respondent strata corporation constitute a significantly unfair action and seeks relief under s. 164.” The court sided with the petitioner, even though the respondent strata corporation had decided to calculate the strata fees and special levies at issue on Read more

CCEL Forms Inclusive Investing Project Advisory Committee

The 
Canadian 
Centre 
for Elder Law (CCEL) has formed a project advisory committee to guide its research and consultation for its Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision-Making project. “The project advisory committee brings together individuals with a diverse range of experience and expertise from BC and Ontario to examine how vulnerable investors are using supported decision making in the investment context,” commented committee chair Jim Emmerton. The members of the Read more

FOLRAC considers diversity in decision-making at 2018 symposium

On 11–12 October 2018 the Federation of Law Reform Agencies of Canada held its biennial symposium in Edmonton, on the campus of the University of Alberta. Each of FOLRAC’s member-agencies—the Alberta Law Reform Institute, the British Columbia Law Institute, the Law Commission of Ontario, the Law Reform Commission of Saskatchewan, and the Manitoba Law Reform Commission—had representatives at the symposium. The symposium’s theme was diversity in decision-making. This theme was pursued in the following sessions: Read more