Strata corporation and strata-lot owner ordered to split the cost of replacing flood-damaged hardwood floor

In an appeal of an unreported provincial-court decision, the BC Supreme Court has ordered that it would be “just” for a strata corporation to be “held liable for 55% of the costs charged by the contractor for demolition and replacement of the hardwood flooring in the appellant’s unit, less a deduction of 15% representing betterment given the appellant’s concession during its submissions to me that the new hardwood floor was thicker and better than the one Read more

The Financing Litigation Series: Crowdfunding

This blog post is the fourth in a six-part series showcasing each of the six financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and recent developments in British Columbia. To read other posts in the series click here. Crowdfunding is used by individuals and businesses to raise small amounts of money from a large number of people to carry out a specific project. A popular forum used to Read more

BC Court of Appeal clarifies meaning of “habitable area” of a residential strata lot

In Barrett v The Owners, Strata Plan LMS3265, 2017 BCCA 414, the BC Court of Appeal allowed an appeal from a decision of a trial judge, affirming an earlier case’s conclusion that “ ‘habitable area’ means ‘that area within a residential strata lot which can, could or is capable of being lived in . . . free of serious defects that might harm health and safety.’ ” [Ellipsis in original.] Since “habitable area” is a key determinant of a residential strata Read more

CRT Roundup—repair and maintenance, bylaw enforcement, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 13 new decisions since the last post. Repair and maintenance—solarium In Allard v The Owners, Strata Plan VIS 962, 2017 BCCRT 111, the respondent strata corporation “entered into a renewal project of its building, which includes the replacement of windows and frames.” This led to a dispute between the parties over “whether the strata must include the [applicant owner’s] solarium Read more

Report On Vulnerable Investors: Elder Abuse, Financial Exploitation, Undue Influence And Diminished Mental Capacity

“We’re caught between a rock and a hard place” said one financial services provider about their challenges in responding to the increasing number of elder financial abuse or mental capacity concerns that investment firms are seeing.  “We want to be part of the solution, but if we suspect something is going on, we don’t know where to turn, what we are supposed to do, or who to reach out to.  We’re worried we’ll get sued Read more