February 26, 2016

BC Supreme Court orders strata corporation to be wound up

In a brief oral judgment handed down last month, the Supreme Court of British Columbia has ordered the winding up of a strata corporation with a liquidator, even though winding up commanded less than unanimous support among the owners. The Owners, Strata Plan NW422 v Khlybov, 2016 BCSC 285, involved Read more…

February 18, 2016

Strata corporation’s lien ruled invalid for including improper amounts

In a recent judgment, the BC Supreme Court has underscored the importance of careful recordkeeping and adherence to statutory procedures for strata corporations. In Terry v The Owners, Strata Plan NW 309, 2016 BCSC 237, the court discharged a lien filed under section 116 of the Strata Property Act because it Read more…

February 15, 2016

A review of major changes to condominium governance in Ontario’s Bill 106

As noted in a previous blog post, Ontario passed major amendments to its Condominium Act, 1998 late last year. Bill 106 (PDF)—the Protecting Condominium Owners Act, 2015—will see sweeping changes to Ontario’s condominium law in the areas of dispute resolution, consumer protection, condominium-management regulation, and condominium finances. Some of the most Read more…

February 3, 2016

Strata corporation’s handling of smoking complaint found not to be significantly unfair

The BC Supreme Court has issued its third judgment in one month on a strata-property smoking dispute. After considering a blanket no-smoking bylaw and an order that a strata-lot owner cease and desist from smoking in his unit, in Chorney v The Owners, Strata Plan VIS770, 2016 BCSC 148, the court Read more…

January 26, 2016

Strata corporation obtains order that owner cease and desist from smoking in strata lot

The British Columbia Supreme Court has had occasion to rule on another case involving smoking in a strata lot. In The Owners, Strata Plan NW 1815 v Aradi, 2016 BCSC 105 the court granted a strata corporation an order under section 173 of the Strata Property Act that an owner refrain from Read more…