Alberta Law Reform Institute publishes Report on Competence and Communication in the Alberta Evidence Act

The Alberta Law Reform Institute (ALRI) has published its final report on recommendations to reform the Alberta Evidence Act “to facilitate the reception of evidence from children, adults with cognitive impairment, and witnesses who use alternative means of communication.” As ALRI notes, On occasion, a court must determine whether a proposed witness is credible or competent to give evidence. The question arises with child witnesses, and may also arise for adults with cognitive impairment. Proposed witnesses can Read more…

BC Supreme Court confirms resolution to wind up West End strata corporation

In Re The Owners, Strata Plan VR2702, 2018 BCSC 390, the Supreme Court of British Columbia dealt with an application under section 278.1 of the Strata Property Act, confirming a winding-up resolution and appointing a liquidator. The case involved “a 26-year-old, seven-story concrete building containing 36 strata units, located . . . in the West End of Vancouver.” As the court noted, the vote on the winding-up resolution reflected the fact that strata lots in the strata property had Read more…

Ontario Superior Court Rules on the Capacity to Marry

In December 2017, the Ontario Superior Court of Justice ruled on Hunt v Worrod, 2017 ONSC 7397 (Hunt), wherein the family of a man suffering from a brain injury sought annulment of what the media called a “predatory marriage.” Mr. Hunt was injured in an ATV accident, causing serious brain injury and an 18-day coma. In connection to the accident, he stood to receive a settlement totalling over one million dollars. Three days after his return Read more…

BCLI invites the public to have its say on proposals for strata governance

With the publication today of its Consultation Paper on Governance Issues for Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to address pressing governance issues for strata corporations. The consultation paper has 83 tentative recommendations for reform, which touch on a wide range of subjects including: strata-corporation Read more…

BC Supreme Court holds that strata-property nuisance dispute is within the Civil Resolution Tribunal’s jurisdiction

In a dispute that the court characterized as “extraordinarily heavy weather . . . made out of a common residential noise complaint,” the Supreme Court of British Columbia has dismissed an application under section 12.3 of the Civil Resolution Tribunal Act for an order that it wasn’t in the interests of justice and fairness that the Civil Resolution Tribunal resolve a strata-property claim. Background to the application The parties in Yas v Pope, 2018 BCSC 282, were involved in Read more…