The Financing Litigation Legal Research Project: Alternative Methods of Improving Access to Justice

BCLI’s Study Paper on Financing Litigation reviews six financing models that emerged both in Canada and internationally for how people pay for litigation. It also identifies 18 opportunities and ideas to consider for structural, systemic or legal change to enhance the use of each financing option in British Columbia. Throughout the consultation phase of the Financing Litigation Legal Research Project, several ideas were raised to consider other ways to improve access to justice that fell Read more…

Scottish Law Commission Reports on Defamation Law Reform

In its recent Report on Defamation, published on December 14, 2017, the Scottish Law Commission (SLC) says it aims to modernize and simplify Scots law regarding defamation and verbal injury “so as to ensure that it strikes the correct balance between the fundamental values of freedom of expression on the one hand and protection of reputation on the other.” A news release was issued the same day, highlighting some of the SLC’s key recommendations. The Read more…

BC Supreme Court upholds civil resolution tribunal decision that strata’s move-in fees were unreasonable and significantly unfair

In an appeal from a decision of the civil resolution tribunal, the British Columbia Supreme Court has upheld the tribunal’s conclusion that “certain $100 moving fees charged by the Strata Corporation pursuant to its Bylaws 36 and 4(8) were not reasonable and were significantly unfair.” The supreme-court decision contains comments on: the standard of review for tribunal decisions; applying the tests for reasonableness and significant unfairness to a strata-corporation bylaw; whether the tribunal has jurisdiction to remedy Read more…

Introducing our Pro Bono Law Student Volunteer: Tanya Thakur

My name is Tanya Thakur. I am currently a third-year law student at UBC. I am excited to assist the BC Adult Abuse and Neglect Prevention Collaborative (the Collaborative) as part of my Pro Bono Students Canada (PBSC) placement. My role is to update the Canadian Centre for Elder Law’s Elder and Guardianship Mediation Report (2012). Over the next two months, I will be researching free or low cost mediation services available to elders and Read more…

Strata’s sprinkler system found to be part of its “plumbing delivery and distribution system,” allowing home warranty insurance claim to proceed

The Owners, Strata Plan 4249 v Travelers Insurance Company of Canada, 2018 BCSC 114, concerned interpretation of a home warranty insurance policy, provided under the Homeowner Protection Act, to a strata corporation. The words at issue in the case were found on the cover page of the home-warranty certificate. They read as follows: a) 15 Months for Common Property; Expiry Date: January 19, 2013 b) 2 years defects in Materials and Labour supplied for . . . i. Read more…