CRT Roundup—access to records, unauthorized expenditure, chargebacks, significant change in use and appearance of common property, repair and maintenance of common property

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Governance—access to records Mellor v The Owners, Strata Plan KAS 463, 2018 BCCRT 1, was a dispute “primarily about the owner’s access to strata records under sections 35 and 36 of the Strata Property Act.” As the tribunal noted: The strata is a 28-unit residential townhouse complex. As with a number of Read more

Community Legal Assistance Society Publishes Report on BC’s Mental Health System

On November 29, 2017, Community Legal Assistance Society (CLAS) published its report “Operating in Darkness: BC’s Mental Health Act Detention System”, and an accompanying press release. The report details the deprivation of rights faced by mental health patients who are involuntarily admitted under the current BC Mental Health Act. The use of restraints and seclusion, treatment without consent, and lack of adequate oversight are among the issues explored. The report states that BC’s mental health Read more

UVic Law Co-op Student at the BCLI

One of the many benefits of being a co-op student at the University of Victoria’s Faculty of Law is having access to a wide range of legal work. While many students seek out positions in law firms, I have always been more interested in alternative legal paths. In particular, I find my passion in analyzing, questioning, and challenging the law. As a result, when the opportunity to work as a Research Assistant at the BC Read more

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