Meet Summer Research Assistant Gurinder Cheema

My name is Gurinder Cheema. In the fall, I will begin my third year at the University of Victoria’s Faculty of Law. During my second year, I was a part of the faculty’s Law Co-op Program. As part of the Law Co-op Program, I completed a work term at Norton Rose Fulbright Canada LLP. While I enjoyed working as a student at a firm, I decided to diversify my experience and explore positions outside of Read more…

Strata-lot occupant found not to be a tenant and to be ineligible for strata council

Jay v The Owners Strata Plan NW 3353, 2018 BCSC 780, concerned “an application to seek a determination of whether [the petitioner] is a tenant or is otherwise eligible to be an elected member of the Strata Council.” The case turned on whether the petitioner “is a tenant under the Strata Property Act, S.B.C. 1998, c. 43 [SPA] or whether there is another basis for allowing him to be a member of the Strata Council.” The court Read more…

Installation of air conditioner on patio was an alteration of common property requiring strata corporation’s approval

In Allwest International Equipment Sales Co Ltd v The Owners, Strata Plan LMS4591, 2018 BCCA 187, the BC Court of Appeal dismissed an appeal from a decision of a chambers judge, holding that a strata-lot owner had breached a strata corporation’s bylaws in installing an air conditioner without the consent of the strata corporation. As the court noted: In early November, 2015 [the owner’s principal] installed a “mini-split” air conditioner in a bedroom within his Read more…

IRPP Provides Interpretations for Canadian MAiD Legislation

On March 1st, 2018, the Institute for Research on Public Policy (IRPP) released its report titled Interpreting Canada’s Medical Assistance in Dying Legislation (the Report). The Report aims to clarify the current confusion surrounding the application of the criminal law related to medical assistance in dying (MAiD), in particular to help explain the eligibility criteria to both patients and medical practitioners. MAiD was legalized in the landmark 2015 Supreme Court of Canada decision Carter v Read more…

Spotlight on strata governance: Should the Strata Property Act provide default rules of order for general meetings?

BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. 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 discussed in the Consultation Paper on Governance Issues for Stratas. To read other Read more…