BC Supreme Court grants leave to appeal CRT decision in dispute over upkeep of duplex strata property

In McKnight v Bourque, 2017 BCSC 2280, the Supreme Court of British Columbia considered an application for leave to appeal a decision of the Civil Resolution Tribunal. The application proceeded under section 56.5 of the Civil Resolution Tribunal Act. Leave was granted on five of the eleven grounds sought. The underlying dispute “relates to a duplex strata property; a one-storey oceanfront building in Sooke, B.C.” As the CRT noted in its decision “the strata has operated informally without complying Read more…

Strata corporation’s decision not to redo exterior-wall treatment wasn’t significantly unfair to owner

In Chan v The Owners, Strata Plan BCS 0856, 2017 BCSC 2240, a strata-lot owner asked the BC Supreme Court for “a declaration that a February 24, 2014 decision of the strata council of the building in which she resides is significantly unfair to her, an order setting aside the decision, and an order that the strata corporation use reasonable efforts, at its expense, to effect repairs to an exterior balcony wall of her strata unit.” Read more…

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…