Strata corporation held responsible to replace common-property drainage pipes servicing restaurant

The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd, 2018 BCSC 1502, was a dispute “over the allocation of responsibility for repairing or replacing drainage pipes that the parties agree are common property.” In it, the “strata corporation seeks orders, pursuant to s. 173(1) of the Strata Property Act, S.B.C. 1998, c. 43, requiring Triple P to replace 63 drainage pipes that serve strata lots 14 and 15.” “Triple P,” the respondent in the case, Read more…

CRT Roundup—bylaws, finances, meetings, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 31 new decisions since the last post. Governance—bylaws—adoption—reconsideration—strata council—election—enforcement of bylaws—short-term accommodation Howe-Smith v The Owners, Strata Plan KAS 1201, 2018 BCCRT 348, concerned a dispute over the validity of bylaws and short-term accommodation in a bare-land strata: 2. The owner says that the respondent strata failed to follow proper procedures in approving bylaws. The owner also says Read more…

Final Thoughts and Farewell

Today is the last day of my work term with the BCLI and the CCEL. As I wrap up my last few assignments, I take a moment to reflect on the last four months. My time at the BCLI/CCEL was a well-rounded learning experience. I engaged in varied work throughout my term. I got a feel for BCLI/CCEL’s consultative work by attending Strata Property Law and Health Care Consent project committee meetings, as well as Read more…

Alberta Law Reform Institute Update: Final Report on Property Division

On June 27th 2018, the Alberta Law Reform Institute (ALRI) released Final Report 112, Property Division: Common-law Couples and Adult Interdependent Partners. Before the release of the final report, ALRI engaged in an “intensive” consultative process, which involved: conducting public opinion research on common law relationships and expectations for property division; roundtable discussions with family law lawyers and estates practitioners; publishing two Reports for Discussion—Property Division for Common Law Couples and Adult Interdependent Partners and Read more…

BC Supreme Court varies CRT order in long-running dispute over maintenance for a strata duplex

McKnight v Bourque, 2018 BCSC 1342, was an appeal from a decision of the Civil Resolution Tribunal in “a strata dispute involving the owners of a waterfront duplex in Sooke.” The BC Supreme Court’s decision was the latest chapter in a long-running dispute over maintenance involving decisions of the court and the tribunal (see previous summaries here, here, and here). This case asked the court to rule on the following issues, which were “appropriately stated as Read more…