July 21, 2016

Manitoba strata corporation’s window-replacement project found not to have discriminated against owners on the basis of disability

In four complaints against the same condominium corporation, the Manitoba Board of Human Rights has ruled that replacing clear windows with tinted windows did not amount to discrimination under The Human Rights Code. Three of the complaints—Renard v Winnipeg Condominium Corporation No 30, 2016 MBHR 3, Gordon v Winnipeg Condominium Read more

July 20, 2016

Alberta court holds that creditors with registered builders liens and caveats have priority over strata-lot purchasers’ unregistered trust interests

In 1864684 Alberta Ltd v 1693737 Alberta Inc, 2016 ABQB 371, the Alberta Court of Queen’s Bench made a “determination of creditors’ entitlement to net sale proceeds” of a commercial-condominium development located in Airdrie, Alberta. The condominium’s developer was in receivership and the land “was sold in a court-supervised receivership,” with the Read more

July 15, 2016

Update on Western Australia strata-property reform: New legislation “unlikely” in 2016

As part of its Strata Property Law Project—Phase Two, BCLI is following reform efforts unfolding in other jurisdictions, such as Ontario, New South Wales, and Western Australia. Earlier this month, Landgate—a major contributor to Western Australia’s project—published an update on progress in that state. The update quoted Western Australia’s minister for Read more

July 14, 2016

Ontario court sides with strata corporation in parking-lot dispute

Cheung v York Region Condominium Corporation No. 759, 2016 ONSC 4236, involved a claim that an Ontario condominium corporation’s bylaw governing allocation of parking stalls amounted to oppression of a condominium unit owner. The case reviews the general principles of the Condominium Act, 1998’s oppression remedy and applies them to the Read more

July 8, 2016

Civil Resolution Tribunal to begin early intake of strata claims in mid-July

British Columbia’s Civil Resolution Tribunal has just announced that it will start accepting strata-property claims for early intake on 13 July 2016. Early intake will give people involved in strata-property disputes and the tribunal “a chance to test our process to make sure it works as well as possible for the public Read more