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…

CRT Roundup—repair and maintenance, bylaw enforcement, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 13 new decisions since the last post. Repair and maintenance—solarium In Allard v The Owners, Strata Plan VIS 962, 2017 BCCRT 111, the respondent strata corporation “entered into a renewal project of its building, which includes the replacement of windows and frames.” This led to a dispute between the parties over “whether the strata must include the [applicant owner’s] solarium Read more…

Report On Vulnerable Investors: Elder Abuse, Financial Exploitation, Undue Influence And Diminished Mental Capacity

“We’re caught between a rock and a hard place” said one financial services provider about their challenges in responding to the increasing number of elder financial abuse or mental capacity concerns that investment firms are seeing.  “We want to be part of the solution, but if we suspect something is going on, we don’t know where to turn, what we are supposed to do, or who to reach out to.  We’re worried we’ll get sued Read more…

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…