BC Supreme Court upholds civil resolution tribunal decision that strata’s move-in fees were unreasonable and significantly unfair

In an appeal from a decision of the civil resolution tribunal, the British Columbia Supreme Court has upheld the tribunal’s conclusion that “certain $100 moving fees charged by the Strata Corporation pursuant to its Bylaws 36 and 4(8) were not reasonable and were significantly unfair.” The supreme-court decision contains comments on: the standard of review for tribunal decisions; applying the tests for reasonableness and significant unfairness to a strata-corporation bylaw; whether the tribunal has jurisdiction to remedy Read more

Introducing our Pro Bono Law Student Volunteer: Tanya Thakur

My name is Tanya Thakur. I am currently a third-year law student at UBC. I am excited to assist the BC Adult Abuse and Neglect Prevention Collaborative (the Collaborative) as part of my Pro Bono Students Canada (PBSC) placement. My role is to update the Canadian Centre for Elder Law’s Elder and Guardianship Mediation Report (2012). Over the next two months, I will be researching free or low cost mediation services available to elders and Read more

Strata’s sprinkler system found to be part of its “plumbing delivery and distribution system,” allowing home warranty insurance claim to proceed

The Owners, Strata Plan 4249 v Travelers Insurance Company of Canada, 2018 BCSC 114, concerned interpretation of a home warranty insurance policy, provided under the Homeowner Protection Act, to a strata corporation. The words at issue in the case were found on the cover page of the home-warranty certificate. They read as follows: a) 15 Months for Common Property; Expiry Date: January 19, 2013 b) 2 years defects in Materials and Labour supplied for . . . i. Read more

Alberta Law Reform Institute Publishes Report for Discussion on Interprovincial Recognition of Substitute Decision-Making Documents

The Report for Discussion The Alberta Law Reform Institute (ALRI) published its report for discussion “Inter-Provincial Recognition of Substitute Decision-Making Documents” in December 2017. The report considers whether the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act (the Uniform Act) is suitable for implementation in Alberta. The Uniform Act was adopted by the Uniform Law Conference of Canada in August 2016. The report sets out 15 preliminary recommendations aimed at tailoring the Uniform Act to Read more

CRT Roundup—access to records, unauthorized expenditure, chargebacks, significant change in use and appearance of common property, repair and maintenance of common property

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been nine new decisions since the last post. Governance—access to records Mellor v The Owners, Strata Plan KAS 463, 2018 BCCRT 1, was a dispute “primarily about the owner’s access to strata records under sections 35 and 36 of the Strata Property Act.” As the tribunal noted: The strata is a 28-unit residential townhouse complex. As with a number of Read more