The Law Commission Publishes its Final Report on Mental Capacity and Deprivation of Liberty

On March 13 2017, the Law Commission of England and Wales published its final report on  Mental Capacity and Deprivation of Liberty. While the Commission is still awaiting response from government, the report culminates a three-year process which included one of the largest consultation efforts the Commission has undertaken. The project was meant to determine what reforms were needed to address deficiencies in the Mental Capacity Act and the Deprivation of Liberty Safeguards (DoLS). The Read more

CRT Roundup—responsibility for repairs, strata-council composition and meetings, collection of arrears, and tribunal procedure

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Responsibility for repairs to strata lot Rawle v The Owners, Strata Plan NWS 3423, 2017 CRTBC 15, involved a dispute between a strata-lot owner and a strata corporation, which “arose because a fireplace exhaust pipe, also known as a flue, was found to be disconnected in the [strata lot’s] fireplace wall Read more

Financing Litigation Legal Research Project – 2017 Update

A great deal has happened with the BCLI’s Financing Litigation Legal Research Project since the last update in February 2016.  A series of consultation sessions were held with experts to gather information, feedback and advice on the BCLI’s proposed topics of discussion.  One-on-one interviews were also conducted with individuals who shared their knowledge and experiences on how people pay for litigation in the province.  These sessions and interviews concluded in the Spring of 2016, at Read more

Ontario court issues injunction restraining condominium corporation from holding meeting to consider termination

In the wake of recent changes to the Strata Property Act, termination has become a topic of interest in British Columbia. A recent case from Ontario, where the Condominium Act, 1998, has a longstanding provision allowing termination and sale of a condominium property when “the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of the sale,” highlights some interesting issues that can come into play when Read more

Saskatchewan courts tackle cost sharing in condominiums

Late last month, Saskatchewan’s Court of Queen’s Bench issued two judgments examining cost sharing in a condominium property. Cost sharing has been front and centre in recent work in BCLI’s Strata Property Law Project, culminating in the publication of the Consultation Paper on Complex Stratas (PDF). The consultation paper examined how British Columbia’s legislation and regulations enabling sections and types can take the pressure off apportioning common expenses in a strata property strictly by reference Read more