Strata leaseholds are a unique and often misunderstood form of housing in British Columbia. As the province’s earliest strata leaseholds approach the end of their leases and new strata leaseholds are being developed, questions about lease terms, renewal, lease modifications, and end-of-lease outcomes are becoming increasingly important.

BCLI, with the help of an expert volunteer project committee, has developed 23 tentative recommendations for reform. These recommendations are not final and may be changed in response to public feedback. We want to hear from people with different perspectives and experiences, whether you support the recommendations, oppose them, or have ideas we have not considered.

Responses may be sent to us in three ways:

by email: consultations@bcli.org

through our online survey: https://www.surveymonkey.com/r/bcli-strata-leaseholds

by regular mail to our office: 1822 East Mall, Vancouver, BC V6T 1Z1

The consultation period is open until November 20, 2026.

Project Overview

The Rethinking Strata Leaseholds Project examines issues that have caused, or are expected to cause, practical and legal challenges for parties involved in strata leaseholds. 

Strata leaseholds occupy a distinctive place in British Columbia’s housing landscape and are used in a variety of settings, including university lands and First Nations-led developments. Rather than buying a strata lot outright (a form of ownership the law calls fee simple or freehold), the purchaser acquires a long-term lease of the strata lot. The landowner keeps ownership of the underlying freehold interest and regains possession of the strata lot when the lease expires.

With the support of a volunteer expert project committee, BCLI is developing recommendations for targeted reform of Part 12 of the Strata Property Act, the legislative framework governing strata leaseholds in British Columbia.

Funder

This project is made possible by funding from the Notary Foundation of British Columbia.

Strata Leaseholds Project Committee

The Rethinking Strata Leaseholds Project is being carried out with the assistance of an expert project committee.

MEET THE COMMITTEE

The post Rethinking Strata Leaseholds Project first appeared on British Columbia Law Institute.

Consultation Paper Released

BCLI has released a Consultation Paper on Non-Statutory Liability of Directors and Officers and is looking for feedback on it by 31 December 2025.

There is conflicting case law on when corporate directors and officers may become personally liable to third parties for wrongful acts or omissions of the companies they manage. Lack of clarity in the law creates room for individuals to be sued as co-defendants on tenuous grounds when a company is the main defendant.

The tentative recommendations explained in the Consultation Paper are aimed at providing clearer guidance to courts, protection of individuals against unfair exposure to personal liability, and supporting orderly evolution of the common law on when directors and officer share liability for wrongs committed by their corporations and when not.

Find the Consultation Paper herehttps://www.bcli.org/director-liability.

BCLI Recommendation Implemented: Abolition of the Shimco Lien

Change rarely happens overnight, and sometimes law reform is no exception. Two decades after BCLI first recommended the abolition of the Shimco lien, Bill 20, the Construction Prompt Payment Act, brings that recommendation closer to reality. The BCLI team is always pleased when our recommendations are implemented.

Read more here.

Second Annual Mathew Good Memorial Prize

With the support of Canadian Bar Association, British Columbia (CBABC), we are pleased to announce the second annual BCLI Mathew Good Memorial Prize essay contest. The annual contest awards a prize of $1,000 to an outstanding essay written by a British Columbia law school student. The contest is sponsored by the Law Foundation of British Columbia.

Submissions are open through April 2026. The winning essay will receive a $1,000 prize, generously sponsored by the Law Foundation of British Columbia.

See more information about the contest here.

Congratulations to Thomas Spraggs and Katrina Harry

Congratulations to our former Board Chair, Thomas L. Spraggs, KC, who will serve as President of the Law Society of BC in 2026, and to Katrina Harry, KC, one of our project committee co-chairs, who will serve as Second Vice-President. We’re thrilled to see their leadership recognized and look forward to their contributions to the profession.

We hosted our Project Committee Appreciation Reception to honour the volunteers who contribute their time and expertise to BCLI’s projects. It was wonderful to connect with the people whose efforts help bring our law reform recommendations to life. A special thank you to Board Chair Ed Wilson and his team at Lawson Lundell LLP for graciously hosting the event.

At the beginning of October, staff lawyer Marie Ong, Kevin Zakreski, and articling student Ignacia Mendez, joined by UBC law professors Doug Harris and Adam Hofri, met with the Malaysian Strata Property Delegation. The discussion was engaging, with the delegates asking insightful questions about BC’s strata system. It was fascinating to explore the similarities and differences between our two jurisdictions.

In September, staff lawyer Megan Vis Dunbar spoke at the Thompson Rivers University Research Series about BCLI’s Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution. Her presentation explored how advancing UNDRIP implementation is increasingly shaping conflict resolution through treaties and Indigenous self-government in BC, and discussed ways to strengthen Crown support for Indigenous-led justice processes.

Not in Canada You Say? – Mark Zuckerberg Dodged Corporate Officer Liability Under US Law– What if he’d been sued in Canada?
This blog post looks at how the attempt in the US to hold Zuckerberg liable for acts of his company Meta might have played out in Canada.

Is Airspace Property?
This blog explores the rights a landowner has to the airspace above their property.

NS Supreme Court denies injunction despite finding applicant had a strong prima facie case
This blog is a summary of a court case in which the applicant couldn’t demonstrate irreparable harm and was therefore denied an injunction in a dispute over control of a group of companies.

Reliance on hearsay, breadth of order lead BC Court of Appeal to deny ministry’s request for a permanent injunction
This blog is a summary of a court case in the BC Ministry of Social Development and Poverty Reduction tried to rely on incident reports to obtain a permanent injunction and failed because the court found the reports to be inadmissible hearsay evidence that couldn’t be admitted through section 42 of the Evidence Act.

BCLI Participates in Uniform Law Conference of Canada’s 2025 Annual Meeting
This blog highlights the Annual Meeting of the Uniform Law Conference of Canada, where government and private sector delegations review legislation, receive project updates, and guide working groups.

Mortgage Law Reform in British Columbia: The Mortgage Services Act
This blog discusses BC’s Mortgage Services Act, passed in 2022 through Bill 29, which will take effect on October 13, 2026, replacing the long-standing Mortgage Brokers Act (MBA) that has governed the industry since 1972.

The post November 2025 Newsletter: News from the BCLI! first appeared on British Columbia Law Institute.

Read BCLI’s 2024 Annual Report

We’re pleased to share BCLI’s 2024 Annual Report, showcasing a year of innovative law reform and forward-looking initiatives. Guided by our 2023 strategic plan and its five key pillars, this report highlights our ongoing commitment to collaboration, clarity in the law, just and innovative solutions, and expanding access to justice.

Read the annual report here.

Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution

In August, BCLI released Navigating Shared Waters: A Study Paper on Indigenous-Led Conflict Resolution. This study paper looks at the important role that Indigenous-led conflict resolution plays within legal orders.

Legal pluralism exists within Canada because there are multiple distinct and co-existing legal systems. This study paper builds on BCLI’s earlier primers on legal pluralism and explores how Indigenous Peoples are using their laws to resolve disputes and the challenges that arise when these systems interact with state laws. It draws on research, legal analysis, and conversations with those involved in developing Indigenous-led conflict resolution processes.

This publication reflects BCLI’s ongoing commitment to transformative law reform that aligns with the United Nations Declaration on the Rights of Indigenous Peoples.

To read the study paper and learn more visit: https://www.bcli.org/project/indigenous-conflict-resolution.

Seeking Law Student for Notetaker in Our Leaseholds Law Reform Project Committee

BCLI seeks a current law student enrolled in a BC law school to support our team to take notes for our project committee. This is a part-time position that requires around 6-10 hours a month of work from October 2025 to June 2026.

Learn more here.

Understanding Law Reform Through the Director and Officer Liability Project with John Smith

Read the September issue of The Advocate to learn about BCLI’s Rationalizing Non-Statutory Liability of Directors and Officers Project. Project committee chair John Smith, senior counsel at Lawson Lundell, shares his insights on why reform is needed, how the law reform process works, and the project’s efforts to bring fairness and clarity to individual liability.

Read the article here.

Executive Director Karen Campbell and Senior Staff Lawyer Greg Blue, KC, attended the Uniform Law Conference of Canada’s Annual Meeting in Halifax this August. Alongside legal professionals from across the country, they discussed law reform recommendations to modernize and harmonize laws across Canada. In addition to the formal program, attendees connected through friendly softball games between the West team and East team.

Irreparable harm in the spotlight as injunction denied in commercial-lease dispute
This blog post is a summary of a recent case in which a BC court considered the test for granting an injunction and found that an applicant wasn’t entitled to the injunction it sought because it couldn’t demonstrate that it would suffer irreparable harm if the application were denied.

BC ministry declares its policy intentions on parentage
This blog post is a summary of the Ministry of Attorney General for BC’s recent publication of a policy intentions paper, which details its plans for law-reform recommendations made by BCLI and others as part of the ministry’s Family Law Act Modernization Project: Phase Two.

The persistence of the Shimco Lien: Revisiting the dual lien theory in light of Kingdom Langley Project Ltd. Partnership v WQC Mechanical Ltd
This blog post is a summary of a recent BC Court of Appeal decision reaffirming the controversial Shimco lien under the Builders Lien Act. BCLI has highlighted in depth the issues with this dual lien theory in past publications and reports – commentary that remains relevant in light of this recent court ruling. 

The rule of law within a legally plural society
This blog post focuses on how a case builds on a developing body of case law in which courts are faced with reconciling the rule of law with the application of Indigenous laws.

BC Court of Appeal declines to allow colour-of-right defence based on Indigenous laws
This blog post is a summary of the recent decision of the BC Court of Appeal, which considered contempt-of-court charges against people who were alleged to have breached an injunction during a protest against a pipeline project.

The post September 2025 Newsletter: News from the BCLI! first appeared on British Columbia Law Institute.

Holiday Closure Notice

Happy winter holidays from all of us at the BC Law Institute! Our office will close at 12:00 pm on December 24th and reopen on January 2nd. Wishing you a season filled with joy, peace, and warmth. See you in the New Year.

BCLI Congratulates Nancy Carter, KC

At the recent Premier’s Awards for public service, Nancy Carter, KC, was inducted into the BC Public Service Hall of Excellence. The hall recognizes individuals who have made exceptional and lasting contributions to British Columbia.

Until her recent retirement, Nancy was a lawyer who had served in various roles within the ministry of attorney general, including leading the ministry’s Civil Policy and Legislation Office and its office on Family Policy, Legislation and Transformation. “Her work has resulted in a number of civil reforms, perhaps most importantly in the area of family justice,” as noted in the award announcement. “As a direct result of Carter’s dedication and passion, B.C. families have the benefit of what is a model of excellence for family justice, both nationally and internationally.”

BCLI has been honoured to work with Nancy to advance our collective law-reform goals. Starting with BCLI’s Succession Law Reform Project (2003-06), which formed the basis of BC’s Wills, Estates and Succession Act, through to recent projects reviewing part 6 (pension division) and part 3 (parentage) of the Family Law Act, and countless projects in between, Nancy has been a major supporter of BCLI. She was often the crucial link between the ministry and BCLI’s law-reform work. BCLI congratulates Nancy on this well-deserved honour.

Fresh Perspectives on Law Reform: The Student Take on BCLI Projects

The November article in The Advocate shares insights from our summer and articling students, who joined us from across the country this year. Their contributions have been invaluable, and they offer a unique perspective on BCLI’s projects, highlighting their experience and engagement with law reform.

Advancing Legal Reforms: A Conversation with Zara Suleman, KC, on Modernizing Family Law 

Read the The Advocate September issue article on parentage, modernizing family law and importance of law reform from our Parentage Committee Chair Zara Suleman.

Wills and Estates Planning for Indigenous Clients Living on Reserves

Read our article in The Scrivener written by our summer research student Ignacia Mendez on advising and drafting estate planning documents for clients living on reserves.

During the month of November, our staff lawyer Marie Ong presented at the CBABC’s online seminar Older Adults: Witnesses Victims and Offenders and attended the Housing Central Conference where she was able to share some information on our new housing reform project with other participants.

Earlier in November, our articling student Maria Michouris and staff lawyer Megan Vis-Dunbar attended Allard Law’s annual Social Justice Forum to showcase BCLI’s work. This event was a chance for law students to connect with the community, learn about local social justice work, and engage with legal professionals.

Our senior staff lawyer Kevin Zakreski attended How to Renovate the Public Hearing Process event hosted by the SFU’s Morris J. Wosk Centre for Dialogue and the Museum of Vancouver. The event featured a panel discussion, short films, and an interactive exhibit, offering a space to reflect on the history of public hearings and explore new approaches for more equitable planning.

In September, we were invited to Providence Health Care’s Dialogue on Aging event, where we engaged the community by sharing our Dementia + Decision Making Project along with other elder law tools and resources.

We were honoured to attend our former articling student Kira Davidson’s Call Ceremony in July. Throughout her articling journey, our senior staff lawyer Kevin Zakreski served as her principal.

MARIA MICHOURIS
How a Metropolitan Mindset Can Inspire Collaborative Solutions to the Housing Crisis

MARIA MICHOURIS
First Draft of the Renovate the Public Hearing Project Final Report Discussed

MARIA MICHOURIS
BCLI Pension Division Report Recommendations Implemented

BCLI
Ensuring Equitable Parentage: Proposed Reforms for Part 3 of the Family Law Act

The post December 2024 Newsletter: News from the BCLI! first appeared on British Columbia Law Institute.

Renovate the Public Hearing Project

Pre-Development Public Engagement & Legal Reforms to Support Housing Supply

The Report on Renovating the Public Hearing includes recommendations related to the operation of this legal framework. Public hearings are currently the only formal process that allow people to voice their opinions on proposed changes to local land use, offering local governments a direct connection to their citizens’ views. However, in late 2023, the Province of British Columbia enacted legislation to limit their use, responding to criticisms about public hearings.

The report’s recommendations address the scope of the legislative requirement to hold a public hearing. They consider when a public hearing should or should not be required, encourage local governments to adopt other forms of public engagement—guided by principles-based guidance from the provincial government—and recommend maintaining existing legislation regarding the timing and procedures of public hearings.

DOWNLOAD THE REPORT

BCLI explored improvements to BC’s legislation on public engagement when a local government is enacting a land-use bylaw. Our Renovate the Public Hearing Project provided an opportunity to think about public engagement on land use from first principles, considered new insights into group deliberation, and created a better way for local governments to engage the public.

The Report on Renovating the Public Hearing gives readers information on the current BC law, the United Nations Declaration on the Rights Of Indigenous Peoples, and a range of options for reform.

Reconciliation and Community Listening Exploration Series

This project explores how reforms to the law on public hearings can be aligned with Indigenous governance.

In 2019, BC passed the Declaration on the Rights of Indigenous Peoples Act, which requires that all Crown legislation be aligned to be consistent with the UN Declaration on the Rights of Indigenous Peoples. Through our work, BCLI is seeking to identify ways to integrate Indigenous considerations into law-reform approaches for public hearings so that recommended legislative changes can function in a legally plural context.

The project has been designed to support a Reconciliation and Community Listening Exploration Series, which allows BCLI to engage with these issues directly and to provide input from that engagement to the project committee.

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The UBCIC Chiefs-in-Assembly have called on the provincial government to “explicitly legislate requirements for municipalities to implement the UN Declaration and to strengthen accountability measures to ensure local governments are taking all measures necessary to meet the minimum standards of the UN Declaration”

UBCIC Resolution 2022-64

Project Committee Partners and Funders

The Renovate the Public Hearing Project Committee included experts in local government law, land use planning, and public engagement. The committee’s primary task was to assist BCLI in developing recommendations.

BCLI carried out this project in conjunction with the Simon Fraser University Wosk Centre for Dialogue. Visit renovatethepublichearing.ca for more information.

This project has been made possible by funding from the Canada Mortgage and Housing Corporation’s Housing Supply Challenge – Getting Started Round.

MEET THE COMMITTEE

Related Files

Consultative Documents:

Below you will find additional, relevant and specific documentation, backgrounders, research, resources, media releases and summaries that have been, or will be incorporated into our final publications and study papers. This work builds on our previous study of the origins, development, and current state of the law on public hearings.

If you have questions about these or other specific documents, please reach out to BCLI using our contact page or at the bottom of each page of our website.

Consultative Document

Consultation Paper

VIEW & DOWNLOAD

Consultative Document

Consultation Response Booklet

VIEW & DOWNLOAD

Backgrounders:

RPHP Backgrounder no. 1 – Introduction to the Project

VIEW & DOWNLOAD

RPHP Backgrounder no. 2 – Members of the Project Committee

VIEW & DOWNLOAD

RPHP Backgrounder no. 3 – Summary of Consultation Paper

VIEW & DOWNLOAD

RPHP Backgrounder no. 4 – Executive Summary of the Report

VIEW & DOWNLOAD

The post Report on Renovating the Public Hearing first appeared on British Columbia Law Institute.