Scottish Law Commission Publishes Three-Volume Report on Moveable Transactions

On December 19, 2017, the Scottish Law Commission (SLC) published a three-volume Report on Moveable Transactions. It recommends the substantial reform of Scots moveable transactions law, which the news release calls “badly outdated, unclear, and unduly restrictive.” “Moveables” in Scots law is a class of property largely analogous to personal property in the English common law system, describing property which is neither land, nor attached to land. The SLC says reform in this area is Read more…

CRT Roundup—strata fees, rental restrictions, bylaw enforcement, and nuisance

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been eight new decisions since the last post. Governance—finances—strata fees—catch-up payment The Owners, Strata Plan NW 2729 v Haddow, 2018 BCCRT 37, was a dispute between “a 36-unit strata corporation located in Mission” and two strata-lot owners. The applicant strata corporation claimed: the respondents have not paid a shortfall in monthly strata fees for the months of January and February Read more…

The Financing Litigation Legal Research Project: Alternative Methods of Improving Access to Justice

BCLI’s Study Paper on Financing Litigation reviews six financing models that emerged both in Canada and internationally for how people pay for litigation. It also identifies 18 opportunities and ideas to consider for structural, systemic or legal change to enhance the use of each financing option in British Columbia. Throughout the consultation phase of the Financing Litigation Legal Research Project, several ideas were raised to consider other ways to improve access to justice that fell Read more…

Scottish Law Commission Reports on Defamation Law Reform

In its recent Report on Defamation, published on December 14, 2017, the Scottish Law Commission (SLC) says it aims to modernize and simplify Scots law regarding defamation and verbal injury “so as to ensure that it strikes the correct balance between the fundamental values of freedom of expression on the one hand and protection of reputation on the other.” A news release was issued the same day, highlighting some of the SLC’s key recommendations. The Read more…

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…