In cases concerning enforceability of positive obligations assumed by a prior owner against successors in title, BC Court of Appeal quotes BCLI Report on Restrictive Covenants, says it makes “compelling case for reform” but the reform must come from the legislature

BCLI’s 2012 Report on Restrictive Covenants was discussed with approval by the British Columbia Court of Appeal in two recent cases: The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2019 BCCA 144 and The Owners, Strata Plan LMS 3905 v Crystal Square Parking Corporation, 2019 BCCA 145. Read more…

By Maria Sokolova, ago

British Columbia Court of Appeal relies on BCLI report on Wills, Estates and Succession in Interpreting BC’s Wills, Estates and Succession Act.

In a recent decision involving the interpretation of the Wills, Estates and Succession Act, SBC 2009, c 13, [WESA], the British Columbia Court of Appeal placed significant reliance on BCLI’s report Wills, Estates an Succession: A Modern Legal Framework on the basis of which the Act was drafted. The case, Robledano v Read more…

By Maria Sokolova, ago