March 7, 2017

A look back at recommendations on mental capacity and retaining legal counsel

It’s been just over a month since the BC Branch of the Canadian Bar Association published its Agenda for Justice 2017. The agenda explicitly called for the implementation of four BCLI reports. But aspects of the agenda may have an implicit bearing on past BCLI work. For example, the agenda proposes Read more

February 27, 2017

Strata corporation’s duty to repair “may include work necessary to make good or sound that which may never have been good or sound”: BC Court of Appeal

In Frank v The Owners, Strata Plan LMS 355, 2017 BCCA 92, the Court of Appeal for British Columbia considered an appeal from a supreme-court decision that had held a strata corporation responsible to install railings needed to bring a recreational rooftop deck up to code. The court of appeal upheld Read more

Manitoba Law Reform Commission calls for streamlining of rules governing substitute attorneys

In its recently published report Creating Efficiencies in the Law: Substitute Powers of Attorney (PDF), the Manitoba Law Reform Commission has recommended that Manitoba’s Powers of Attorney Act be amended to streamline the process of allowing a successor attorney appointed under an enduring power of attorney to step in if the original Read more

February 24, 2017

An Update on the Civil Resolution Tribunal

While the BCLI is working on projects to reform the Strata Property Act and to identify opportunities for financing litigation, the Civil Resolution Tribunal (CRT) continues to implement new programs that will bring changes in both areas. The CRT has been handling strata property disputes since last year. Last month, Read more

Strata corporation’s fines against business owner found to be significantly unfair

In Omnicare Pharmacy Ltd v The Owners, Strata Plan LMS 2854, 2017 BCSC 256, a strata corporation and an owner of a nonresidential strata lot grappled with some of the challenges of “[l]iving and operating a business on the Downtown Eastside.” The case involved a longstanding dispute over whether the owner’s Read more