March 15, 2016

BC Court of Appeal affirms “foundational democratic principles” at the heart of the Strata Property Act

In an important decision on strata-property governance, the Court of Appeal for British Columbia has grappled with whether legislation respecting a court-appointed administrator of a strata property “permits a court to abrogate a right which lies at the very core of a strata corporation’s constitutional structure: the owners’ democratic right to Read more

March 8, 2016

Bill 16 Changes to Assisted Living Legislation Consistent with BCLI / CCEL Recommendations

Proposed amendments introduced in the Legislative Assembly yesterday in Bill 16, the Community Care and Assisted Living Amendment Act, 2016, are consistent with recommendations made by the British Columbia Law Institute (BCLI) and Canadian Centre for Elder Law (CCEL) in a 2013 report.  “We are very pleased to see that Read more

March 3, 2016

Australian Law Reform Commission launches elder abuse inquiry

The Australian Law Reform Commission has just embarked on a major inquiry into elder abuse. The inquiry is in response to a reference from Australia’s attorney general. Its terms of reference direct the ALRC to consider: existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or Read more

March 2, 2016

Australian Law Reform Commission releases report on rights and freedoms

The Australian Law Reform Commission has just published its report on Traditional Rights and Freedoms—Encroachments by Commonwealth Laws. The report identifies rights, freedoms, and privileges recognized by the common law, examines commonwealth (federal) laws that may infringe them, and considers potential approaches to restricting rights and freedoms. The report’s goals are Read more

February 26, 2016

BC Supreme Court orders strata corporation to be wound up

In a brief oral judgment handed down last month, the Supreme Court of British Columbia has ordered the winding up of a strata corporation with a liquidator, even though winding up commanded less than unanimous support among the owners. The Owners, Strata Plan NW422 v Khlybov, 2016 BCSC 285, involved Read more