A closer look at the Report on Complex Stratas—should strata corporations be allowed to allocate expenses paid for out of the contingency reserve fund to types?

This post is the second in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. Currently the Strata Property Act and the Strata Property Regulation only allow strata corporations to designate types of strata lots for the purpose of dealing with cost sharing relating to expenses paid for out of the operating fund. Some commentators have suggested that giving types a broader purpose Read more

The Law Society of Upper Canada Releases Report with Proposed Amendments to the Rules on Contingency Fee Agreements

On June 29, 2017, the Law Society of Upper Canada (“LSUC”) released its Professional Regulation Committee Report to Convocation, which contains the interim report of The Advertising & Fee Arrangements Issues Working Group (“Working Group”) on proposed amendments to Ontario’s contingency fee system.  The topic of how contingency fee agreements function as a model to finance litigation is of interest to the BCLI’s ongoing Financing Litigation Legal Research Project. Background of the Project In February Read more

Strata Property Law Project’s fourth year marked by publication of Report on Complex Stratas

Today is the fourth anniversary of BCLI’s Strata Property Law Project—Phase Two. Highlights of the project’s fourth year include completing work on complex stratas and making progress on selected governance, common property, and land-title issues. Completion of work on complex stratas The highlight of the year was the publication of the project’s second report, the Report on Complex Stratas (PDF). In addition to containing a wealth of information on the current law, the report sets out Read more

CRT Roundup—Limited common property, rental restrictions, responsibility to repair, unauthorized expenditures, chargebacks, and tribunal jurisdiction

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 11 new decisions since the last post. Significant change in use or appearance of common property, rental restrictions, and second-hand smoke Wong v Section 1 of The Owners, Strata Plan N.W. 2320, 2017 BCCRT 25, was a wide-ranging decision that canvassed six issues concerning “rental permission and related strata fines and loss of rental income, replacement of balcony Read more

BC Supreme Court: Short-term occupancy of strata lots under licenses not entitled to protection of Strata Property Act’s rental restriction grace period

HighStreet Accommodations Ltd v The Owners, Strata Plan BCS2478, 2017 BCSC 1039, concerned the application of rental restrictions to a strata-lot that was being used for short-term accommodation. The case came before the court as a pre-trial determination of a point of law. The court was asked to determine whether a tenant that was providing short-term accommodation to corporate clients in a residential strata-lot had the benefit of the grace period provided for in section Read more