Strata corporation ordered to pay damages for failure to repair and maintain common property

In Hill v The Owners, Strata Plan KAS 510, 2016 BCSC 1753, the BC Supreme Court found that a strata corporation had acted in a significantly unfair manner toward a strata-lot owner. The strata corporation had found itself in a catch-22 when structural defects in the strata-property’s foundation caused warping to the floor of a strata lot’s basement and it could not obtain the approval of its owners to comply with its duty under section 72 of Read more

BC Human Rights Tribunal finds strata corporation discriminated against owner in handling smoking complaints, offers advice to stratas on how to deal with requests for accommodation related to second-hand smoke

In a decision released late last month, the British Columbia Human Rights Tribunal offered some guidance to strata corporations and strata-lot owners in handling requests for accommodation due to second-hand smoke. Leary v Strata Plan VR1001, 2016 BCHRT 139, involved a complaint that a strata corporation was discriminating against a strata-lot owner in accommodation, service, and facility, contrary to section 8 of the Human Rights Code. The complainant claimed “that she has a disability that makes her Read more

Minister of national revenue and CRA open consultations on charities’ political activities

Earlier this week the minister of national revenue announced the opening of “public consultations to clarify the rules regarding the involvement of registered charities in political activities.” The first component of this consultation is an online consultation hosted by the Canada Revenue Agency. This consultation is asking for public comment in the following three broad areas: carrying out political activities: Are charities generally aware of what the rules are on political activities? What issues or challenges do Read more

Susan Mercer joins the Strata Property Law (Phase Two) Project Committee

Susan Mercer has joined the project committee for BCLI’s Strata Property Law Project—Phase Two. Susan is a notary public based in Sidney, BC. She has been in practice since 1986. Her practice has specialized in real-estate transactions, including many strata properties. Susan is also a graduate of the UBC Urban Land Economics Diploma Program (2002). Susan was a member of BCLI’s Real Property Reform Project Committee. She has also recently joined BCLI’s board of directors, Read more

BC Court of Appeal upholds decision not to penalize owner-developer for failing to hold strata corporation’s first AGM

In The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2016 BCCA 370, the Court of Appeal for British Columbia affirmed a decision made in chambers in The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2015 BCSC 2273. The case involved the interpretation of section 17 of the Strata Property Act. The chambers judge had found that an owner-developer shouldn’t be penalized under that section, despite failing to hold the strata corporation’s first Read more