BCLI Congratulates Lisa A. Peters and Tony Wilson on being appointed Queen’s Counsel

British Columbia Law Institute congratulates Board Chair Lisa A. Peters, Q.C. on being appointed Queen’s Counsel. Peters, who has served on BCLI’s Board of Directors since 2010, is the Senior Research and Opinions Partner with Lawson Lundell LLP and has held the position of BCLI Board Chair since late 2016. The appointment, which was announced by Attorney General and Minister of Justice Suzanne Anton, Q.C. on Friday, also appointed Tony Wilson, Q.C., of Boughton Law Corporation. Wilson, a long-time Read more…

BC Court of Appeal allows beneficial owner to challenge strata-corporation bylaws and votes

In The Owners, Strata Plan NW 499 v Louis, 2016 BCCA 494, the Court of Appeal for British Columbia considered an appeal from a decision of BC Supreme Court judge in chambers (Strata Plan NW 499 v Kirk, 2015 BCSC 1487). The appeal court dismissed arguments that numerous sections of the Strata Property Act should be struck down under the Canadian Charter of Rights and Freedoms and dismissed a cross-appeal from the strata corporation. The court did Read more…

Scottish Law Commission consulting on penalty clauses in contracts

The Scottish Law Commission has just published its Discussion Paper on Penalty Clauses (PDF). In a news release (PDF) accompanying the discussion paper, the commission notes that it is “raising for consultation purposes the possibilities that the rule be abolished outright, or be completely replaced by new, much better-targeted rules to deal appropriately with real abuses of contract power.” “As a general rule,” the discussion paper explains: the victim of a breach of contract may recover Read more…

Spotlight on phases: Insurance coverage for a new phase

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please Read more…

Strata corporation’s attempt to characterize fines as strata fees unsuccessful

The Owners, Strata Plan BCS3648 v Podwinski, 2016 BCSC 2253, a short oral judgment made in August, tackles an interesting issue. Section 116 of the Strata Property Act allows a strata corporation to “register a lien against an owner’s strata lot . . . if the owner fails to pay the strata corporation any of the following with respect to that strata lot: strata fees; a special levy; a reimbursement of the cost of work referred to in Read more…