Ontario Court of Appeal affirms strata corporation’s plan to manage parking through bylaw allowing allocation of spaces by lease

In Cheung v York Region Condominium, 2017 ONCA 633, the Ontario Court of Appeal affirmed a decision from last year on a suburban Toronto condominium’s “toxic parking situation.” The facts of the case, as summarized by the court, were: There are 34 units in this complex, of which the appellant owns three. She has leased her units to a very popular restaurant. The 162 parking spaces are common elements, and she says that she needs all of them: Read more…

BC Supreme Court holds that a positive obligation in an easement is not binding on subsequent landowners

In The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425, 2017 BCSC 1346, the Supreme Court of British Columbia considered “whether an obligation to pay certain expenses contained in an agreement registered against title to parcels of land can bind subsequent owners of the land.” Much like the court’s decision earlier this year in the Crystal Square case, the court in this case found little scope to hold that “such a positive obligation Read more…

Making Wills Half a World Over: Part One of the Wills Series

This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. On July 13 2017, the Law Commission of England and Wales published its new Consultation Paper as part of its Wills Project. The publication, entitled “Making a Will,” sets out options for reform of the law of wills, and asks for public feedback on Read more…

CRT roundup—significant unfairness, use of limited common property, chargebacks, and jurisdiction and procedure

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been six new decisions since the last post. Significant unfairness and use of limited common property—application to install hot tub on roof deck Doig v The Owners, Strata Plan VR 1712, 2017 BCCRT 36, involved a dispute over “whether a strata corporation’s council acted fairly in regard to the owners’ requests concerning the use and renovation of a strata lot’s Read more…

Ontario court orders internet service provider to disclose identity of author of allegedly defamatory emails

Carleton Condominium Corporation No 282 v Yahoo! Inc, 2017 ONSC 4385, is an interesting case that displays the intersection of condominium law, civil procedure, and the tort of defamation. The case was an application launched as a prelude to a defamation proceeding. The plaintiff was a condominium corporation, which claimed that its board of directors was defamed by email messages “sent to owners and occupants of the Condominium Corporation.” The author of the emails used the Read more…