November 7, 2017

Signature of all owners required to transfer part of a strata corporation’s common property for highway dedication

In British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, the BC Supreme Court took on an issue that “has arisen in the past” with the hopes that “a determination here would clarify the requirements for the future.” The case involved the level of Read more

November 6, 2017

Strata corporation not bound by easement’s positive covenants for sharing of parkade expenses

For the third time this year, the Supreme Court of British Columbia has refused to enforce positive covenants found in an easement agreement against a strata corporation. The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2017 BCSC 1988, follows The Owners, Strata Plan LMS 3905 v Crystal Read more

November 3, 2017

BC Supreme Court holds that compliance with statutory obligation to pay common expenses “cannot create an independent legal obligation between a strata corporation and the party to whom the expenses are paid”

Although Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947, is a case primarily concerned with civil procedure, the reasons for judgment do contain some interesting comments on section 14 (1) of the Strata Property Act. That provision requires a strata corporation to pay common expenses during Read more

November 2, 2017

BC Court of Appeal: Strata corporation entitled to recover actual legal costs for registering and enforcing lien

In The Owners, Strata Plan KAS 2428 v Baettig, 2017 BCCA 377, a decision released as October came to a close, the Court of Appeal for British Columbia clarified the reach of a strata corporation’s lien on a delinquent owner’s strata lot. Overturning a chambers judge’s decision, and rejecting an Read more

November 1, 2017

Ontario condominium reforms come into effect today

The bulk of the changes to Ontario’s Condominium Act, 1998, brought about by the Protecting Condominium Owners Act, 2015 (PDF), are slated to come into force on 1 November 2017. Marking this day, Ontario has posted a new set of forms for the act. Ontario’s Ministry of Government and Consumer Read more