August 8, 2017

Will-Making Capacity: Part Two of the Wills Series

This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. This weeks’ blog post, and the second instalment of the “Wills Series,” considers the ways in which BCLI has approached Read more

Ontario Court of Appeal affirms strata corporation’s plan to manage parking through bylaw allowing allocation of spaces by lease

In Cheung v York Region Condominium, 2017 ONCA 633, the Ontario Court of Appeal affirmed a decision from last year on a suburban Toronto condominium’s “toxic parking situation.” The facts of the case, as summarized by the court, were: There are 34 units in this complex, of which the appellant owns three. She Read more

August 4, 2017

BC Supreme Court holds that a positive obligation in an easement is not binding on subsequent landowners

In The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425, 2017 BCSC 1346, the Supreme Court of British Columbia considered “whether an obligation to pay certain expenses contained in an agreement registered against title to parcels of land can bind subsequent owners of the land.” Much like Read more

August 1, 2017

Making Wills Half a World Over: Part One of the Wills Series

This series examines and compares recommendations made in several BCLI reports and those made by the Law Commission of England and Wales. To read the other posts in the series click here. On July 13 2017, the Law Commission of England and Wales published its new Consultation Paper as part of Read more

July 27, 2017

CRT roundup—significant unfairness, use of limited common property, chargebacks, and jurisdiction and procedure

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been six new decisions since the last post. Significant unfairness and use of limited common property—application to install hot tub on roof deck Doig v The Owners, Strata Plan VR 1712, 2017 BCCRT 36, Read more