The Financing Litigation Series: Publicly Funded Litigation Funds

This is the final blog post 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. To read other posts in the series click here. Publicly funded litigation funds are self-sustained and offer litigants access to ongoing and continuous funds to pay the cost of litigation. Across Canada, two such funds are currently in place—the Ontario Class Proceedings Read more…

BC Supreme Court confirms winding up of strata over objections of minority group

In a wide-ranging decision on the Strata Property Act’s new provisions for winding up a strata, the BC Supreme Court has confirmed a decision to wind up that reached the new threshold of support by 80 percent of the owners. The Owners, Strata Plan VR2122 v Wake, 2017 BCSC 2386, concerned “a four-storey, wood-frame structure with 33 units,” “which was constructed in 1988,” and which was located in the West End of Vancouver. The strata property Read more…

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…