April 18, 2016

Ontario court examines duty to repair and oppression remedy for strata properties

In Ryan v York Condominium Corporation No 340, 2016 ONSC 2470, Mr. Justice Perell of the Ontario Superior Court of Justice examined two pillars of strata-property law: the duty to repair and maintain the property and the remedy for oppressive actions or conduct. The case focussed on sections 89 (repair Read more…

April 12, 2016

BC Supreme Court grants strata corporation wide-ranging order restraining strata-lot owners from engaging in further disruptive and abusive behaviour

The Owners, Strata Plan NW 1245 v Linden, 2016 BCSC 619, is another example of strata corporation going to court to obtain an order directing strata-lot owners to comply with bylaws or to refrain from disruptive behaviour. The case involved a 95-unit residential strata property located in Burnaby. The petitioner was Read more…

April 5, 2016

Alberta court considers how to tally votes on strata-property special resolution

A recent Alberta case involving a special resolution to change the basis in which condominium owners fund their common expenses turned on “the manner in which persons entitled to vote are to be counted.” 1597130 Alberta Ltd v Condominium Corporation No 1023241, 2016 ABQB 195, involved a 24-unit condominium complex. The Read more…

March 23, 2016

BC Human Rights Tribunal dismisses discrimination complaint against strata corporation in second-hand smoking dispute

In another strata-property dispute involving second-hand smoke, the British Columbia Human Rights Tribunal has issued a mixed decision. In Beckett v The Owners, Strata Plan NW 2603, 2016 BCHRT 27, the tribunal dismissed a complaint of discrimination on the basis of mental or physical disability under section 8 of the Human Read more…

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…