May 10, 2016

New Societies Transitional Interim Regulation

Late last month, the Executive Council for British Columbia promulgated a new Societies Transitional Interim Regulation. This short regulation deals with three transitional matters for societies: it clarifies that a special resolution may include a special resolution as defined in section 1 of the old Society Act—this is significant in light Read more

May 6, 2016

Manitoba Law Reform Commission publishes issue paper on land titles and trusts

The Manitoba Law Reform Commission is studying the effect that certain kinds of trusts have on the operation of Manitoba’s land-title system. In its just-published Issue Paper on Indefeasibility of Title and Resulting and Constructive Trusts (PDF) the commission is taking on the following topics: the paper explores the issue of Read more

April 27, 2016

Strata corporation’s counterclaim against owner-developer barred by Limitation Act

In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The Read more

April 26, 2016

BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation

In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the Read more

April 25, 2016

Common-Law Tests of Capacity Project featured on Common Law Radio

BCLI’s Common-Law Tests of Capacity Project was featured on a recent episode of Vancouver Co-op Radio’s program Common Law Radio. BCLI staff lawyer Kevin Zakreski appeared on the program to discuss the current law on mental capacity and the project’s recommendations for reform. The episode is available online on the Common Read more