Spotlight on strata governance: Should section 8 of the standard bylaws be relocated to the act?

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

Appeal of CRT decision will give BC Supreme Court opportunity to review the law on insurance deductibles and strata properties

In The Owners, Strata Plan BCS 1589 v Nacht, 2018 BCSC 455, the Supreme Court of British Columbia has granted leave to appeal a decision of the Civil Resolution Tribunal in a case involving damage resulting from a water leak in a strata lot. The appeal will give the court the opportunity to review key questions for insurance deductibles and strata properties, such as the effect of a strata corporation’s bylaws on the application of section Read more

Alberta Law Reform Institute publishes Report on Competence and Communication in the Alberta Evidence Act

The Alberta Law Reform Institute (ALRI) has published its final report on recommendations to reform the Alberta Evidence Act “to facilitate the reception of evidence from children, adults with cognitive impairment, and witnesses who use alternative means of communication.” As ALRI notes, On occasion, a court must determine whether a proposed witness is credible or competent to give evidence. The question arises with child witnesses, and may also arise for adults with cognitive impairment. Proposed witnesses can Read more

BC Supreme Court confirms resolution to wind up West End strata corporation

In Re The Owners, Strata Plan VR2702, 2018 BCSC 390, the Supreme Court of British Columbia dealt with an application under section 278.1 of the Strata Property Act, confirming a winding-up resolution and appointing a liquidator. The case involved “a 26-year-old, seven-story concrete building containing 36 strata units, located . . . in the West End of Vancouver.” As the court noted, the vote on the winding-up resolution reflected the fact that strata lots in the strata property had Read more

Ontario Superior Court Rules on the Capacity to Marry

In December 2017, the Ontario Superior Court of Justice ruled on Hunt v Worrod, 2017 ONSC 7397 (Hunt), wherein the family of a man suffering from a brain injury sought annulment of what the media called a “predatory marriage.” Mr. Hunt was injured in an ATV accident, causing serious brain injury and an 18-day coma. In connection to the accident, he stood to receive a settlement totalling over one million dollars. Three days after his return Read more