The Financing Litigation Series: Alternative Fee Arrangements

This blog post is the third 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. There is no universal definition for an alternative fee arrangement (AFA). They are generally described as an alternative method for clients to pay for legal services, which may or may Read more

Ontario court refuses to amend condominium’s declaration to remove provisions enabling short-term rentals

With the advent of online services such as Airbnb, short-term rentals have been causing increasing anxiety for strata and condominium corporations across the country. This anxiety has spilled over into the courts, particularly in Ontario. Late last year, that province saw an important decision on a condominium corporation’s power to restrict short-term rentals. But another decision from earlier this month points to some of the limits on that power. In TSCC No 1556 and No 1600 Read more

Signature of all owners required to transfer part of a strata corporation’s common property for highway dedication

In British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, the BC Supreme Court took on an issue that “has arisen in the past” with the hopes that “a determination here would clarify the requirements for the future.” The case involved the level of approval required to allow a transfer of strata corporation’s common property to be registered in the land title office. It had its origins in a Read more

Strata corporation not bound by easement’s positive covenants for sharing of parkade expenses

For the third time this year, the Supreme Court of British Columbia has refused to enforce positive covenants found in an easement agreement against a strata corporation. The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2017 BCSC 1988, follows The Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2017 BCSC 71, and The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425, 2017 BCSC 1346, in declining Read more

BC Supreme Court holds that compliance with statutory obligation to pay common expenses “cannot create an independent legal obligation between a strata corporation and the party to whom the expenses are paid”

Although Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947, is a case primarily concerned with civil procedure, the reasons for judgment do contain some interesting comments on section 14 (1) of the Strata Property Act. That provision requires a strata corporation to pay common expenses during the interim-budget period—or, as the legislation puts it, “[t]he strata corporation must pay the expenses that accrue in the period beginning the first day of Read more