Strata corporation’s counterclaim against owner-developer barred by Limitation Act

In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The application turned on a larger dispute involving the designation of amenity spaces and parking spots as limited common property. The case concerned a strata property consisting Read more…

BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation

In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the complaint and application The complainant in Dandurand v Strata Plan KAS 3558, 2016 BCHRT 47, was a tenant of a strata-lot owner. She was described Read more…

Ontario court examines duty to repair and oppression remedy for strata properties

In Ryan v York Condominium Corporation No 340, 2016 ONSC 2470, Mr. Justice Perell of the Ontario Superior Court of Justice examined two pillars of strata-property law: the duty to repair and maintain the property and the remedy for oppressive actions or conduct. The case focussed on sections 89 (repair after damage) and 135 (oppression remedy) of Ontario’s Condominium Act, 1998. British Columbia’s Strata Property Act has equivalent provision in sections 72 (repair of property) and Read more…

BC Supreme Court grants strata corporation wide-ranging order restraining strata-lot owners from engaging in further disruptive and abusive behaviour

The Owners, Strata Plan NW 1245 v Linden, 2016 BCSC 619, is another example of strata corporation going to court to obtain an order directing strata-lot owners to comply with bylaws or to refrain from disruptive behaviour. The case involved a 95-unit residential strata property located in Burnaby. The petitioner was the strata corporation. The respondents were the registered owner and residents of a strata lot. The petitioner sought injunctive relief from the court in the Read more…