BCLI Blog

  • BC Supreme Court: Short-term occupancy of strata lots under licenses not entitled to protection of Strata Property Act’s rental restriction grace period

    28 June 2017 HighStreet Accommodations Ltd v The Owners, Strata Plan BCS2478, 2017 BCSC 1039, concerned the application of rental restrictions to a strata-lot that was being used for short-term accommodation. The case came before the court as a pre-trial determination of a point of law. The court was asked to determine whether a tenant that was providing […]   Read More

  • A closer look at the Report on Complex Stratas—should sections be retained or repealed?

    27 June 2017 This post is the first in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. One of the issues taken up in the report that heavily engaged the Strata Property Law Project Committee’s attention was whether to retain or repeal legislation enabling the […]   Read More

  • BCLI calls for reforms to strata sections, types, and phases

    19 June 2017 In the Report on Complex Stratas (PDF), published today, the British Columbia Law Institute’s Strata Property Law Project Committee is calling for reforms to the Strata Property Act and the Strata Property Regulation to improve sections, types, and phases—the three tools used to manage legal issues arising from complex stratas. The report recommends 68 reforms, including: 29 […]   Read More

  • New coming-into-force dates announced for Ontario condo reforms

    14 June 2017 A report has surfaced in Ontario that the ministry of government and consumer services has announced new dates on which provisions of the Protecting Condominium Owners Act, 2015 (PDF), are projected to come into force. The Protecting Condominium Owners Act, 2015, is the fruit of a major law-reform initiative in Ontario. It significantly amends Ontario’s Condominium Act, […]   Read More

  • Federal government suspends coming-into-force of CASL’s private right of action

    7 June 2017 Canada’s anti-spam legislation (CASL) prohibits people from sending commercial electronic messages (such as email, text messages, and private social-media messages) to someone unless the sender has: (1) obtained consent, (2) provided identification information, and (3) provided an unsubscribe mechanism. CASL applies to both for-profit businesses and not-for-profit charities and organizations. Contravening CASL’s provisions could leave a […]   Read More

  • Saskatchewan court finds strata owner in arrears of “contributions” not entitled to vote

    7 June 2017 Section 53 (2) of BC’s Strata Property Act governs when a strata-lot owner who owes money to the strata corporation may lose the right to exercise the strata lot’s vote. That vote may be lost if the following apply: the strata corporation has a bylaw providing that the owner’s right to vote will be lost if […]   Read More

  • Small Claims, Big Changes

    1 June 2017 Exciting news for British Columbians! As of this morning, Small Claims actions up to $5,000 will now be dealt with by the Civil Resolution Tribunal (“CRT”). Further, the Provincial Court of British Columbia now has the jurisdiction to hear cases up to $35,000! Effective June 1 2017, any civil claims proceedings up to $5,000 must […]   Read More

  • CRT Roundup—bylaw and rule enforcement, res judicata

    25 May 2017 This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been two new decisions since the last post. Bylaw and rule enforcement: compliance with statutory procedure In SM v The Owners, Strata Plan ABC, 2017 CRTBC 23 (PDF), a strata lot owner asked for a $150 fine to be […]   Read More

  • Canadian Bar Association Releases Child Rights Toolkit

    24 May 2017 On May 11, 2017, at the start of the two-day CLEBC “Access to Justice for Children Conference: Child Rights in Action,” the Canadian Bar Association (CBA) introduced its new online Child Rights Toolkit. Developed by over 30 legal professionals across the country, the Toolkit is an educational and practice resource for judges, lawyers and advocates […]   Read More

  • BC Supreme Court finds strata-lot owners in contempt of court order, orders eviction and sale of their strata lot

    24 May 2017 Section 173 of the Strata Property Act gives the BC Supreme Court wide powers to order compliance with the act and a strata corporation’s bylaws and rules. In The Owners, Strata Plan LMS 2768 v Jordison, 2013 BCCA 484, the court of appeal concluded that these powers include the power to evict a strata-lot owner and order […]   Read More

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