BC Supreme Court finds designation of parking stalls as limited common property to be a mistake, orders correction of strata plan

In Chow v The Owners, Strata Plan NW 3243, 2017 BCSC 2331 the Supreme Court of British Columbia considered the application of section 14.12 of the Strata Property Regulation (which allows for the correction of errors in a strata plan) to a dispute over parking stalls. The court found that the section’s conditions were met and ordered correction of the strata plan, removing designations of limited common property. The case turned on classification of parking spaces in Read more

CRT Roundup—governance, bylaw enforcement, common property, parking, and access to records

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 11 new decisions since the last post. Governance—minutes—financial statements—bylaw enforcement—access to records—standard of conduct Link v The Owners, Strata Plan KAS 828, 2017 BCCRT 128, concerned “a variety of claims about the strata’s alleged historical failures to properly govern as required under the Strata Property Act (SPA). In particular, the applicants say the strata has failed to adequately: prepare Read more

BCLI Congratulates Board Member Margaret Mason on Queen’s Counsel Appointment

British Columbia Law Institute congratulates Margaret Mason, Q.C. on being appointed Queen’s counsel on December 20, 2017. Margaret Mason is a lawyer and partner with Norton Rose Fulbright Canada LLP, where she leads the Charities and Tax-Exempt Organizations practice. She was recently recognized for her work in The Philanthropist’s 150 profiles. “Margaret is a long-time volunteer and supporter of BCLI, as well as the Law Society of British Columbia appointee on our board of directors. Her contributions Read more

BCLI’s Study Paper on Financing Litigation Featured in The Lawyer’s Daily

The BCLI is pleased to have the Study Paper on Financing Litigation (PDF) featured in an article by The Lawyer’s Daily, drawing both attention to the publication and raising awareness and discussion on this important topic. The overarching goal of the BCLI’s Financing Litigation Legal Research Project was to examine how litigants pay for litigation in British Columbia. The project initially identified four financing opportunities. To better understand how these financing models were applied in Read more

Strata-property law: 2017 in review

2017 has been a busy year in strata-property law, with interesting cases on termination, rental-restrictions, and unit entitlement, and progress on reform efforts across Canada. Here are some of the significant developments in 2017, as noted in the BCLI blog. January: The BC Court of Appeal overturned a supreme-court decision on whether errors in a strata plan needed to be considered in ruling on a parking dispute. The first strata termination approved without a unanimous Read more