Transfer of strata corporation’s lawsuit from small claims to supreme court must be authorized by three-quarter vote

According to section 171 of the Strata Property Act, before a strata corporation commences a lawsuit in BC Supreme Court, “the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.” In contrast, this authorization by resolution passed by a 3/4 vote isn’t needed “for a proceeding under the Small Claims Act against an owner or other person to collect money owing to the strata corporation, including money Read more

BC Human Rights Tribunal allows second-hand smoking complaint to proceed against strata corporation

Second-hand smoke continues to be a problem for strata corporations and strata-lot owners. The latest case gave the BC Human Rights Tribunal an opportunity to apply the guidance formulated as part of the tribunal’s 2016 decision in Leary v Strata Plan VR1001, 2016 BCHRT 139. Talbot v Strata Plan LMS 1351 and another, 2017 BCHRT 59, involved a complaint of discrimination in the area of accommodation, service, or facility on the basis of physical disability, contrary Read more

We are not all the same: new report of the Older Women’s Dialogue Project released today

  Today we celebrate International Women’s Day. This year’s theme is Be Bold for Change. CCEL’s latest report We Are Not All the Same: Key Law, Policy and Practice Strategies for Improving the Lives of Older Women in the Lower Mainland, addresses the bold question: what about the older women in communities? What wisdom can older women share about how our communities must change if their quality of life truly matters? While everyone acknowledges that Read more

A look back at recommendations on mental capacity and retaining legal counsel

It’s been just over a month since the BC Branch of the Canadian Bar Association published its Agenda for Justice 2017. The agenda explicitly called for the implementation of four BCLI reports. But aspects of the agenda may have an implicit bearing on past BCLI work. For example, the agenda proposes amending the Mental Health Act to provide that “a patient, who is the subject of a physician’s decision to involuntarily detain that patient, has the option Read more

Strata corporation’s duty to repair “may include work necessary to make good or sound that which may never have been good or sound”: BC Court of Appeal

In Frank v The Owners, Strata Plan LMS 355, 2017 BCCA 92, the Court of Appeal for British Columbia considered an appeal from a supreme-court decision that had held a strata corporation responsible to install railings needed to bring a recreational rooftop deck up to code. The court of appeal upheld the earlier decision, noting that the duty to repair found in section 72 of the Strata Property Act includes “work necessary to make good or sound that Read more