BC Court of Appeal affirms decision on dedication of strata corporation’s common property as a highway

The Court of Appeal for British Columbia has dismissed an appeal of a decision of a chambers judge, which had held that a disposition of a strata corporation’s common property for use as a highway was required to comply with a subdivision provisions found in part 7 of the Land Title Act. Significantly, meeting these requirements meant that all of the strata-lot owners would be required to consent to the disposition of common property. British Columbia Read more…

Case Comment: Ontario Human Rights Tribunal Makes Finding Re Age Discrimination in Benefits

On May 18th, 2018, the Human Rights Tribunal of Ontario issued an important decision in the case of Talos v. Grand Erie District School Board. The Tribunal found that terminating an employee’s health, dental and insurance benefits at age 65 is unconstitutional. This blog summarizes the case and discusses its significance. Summary of the Case Talos v. Grand Erie District School Board concerned a worker who lost his employee benefits (extended health, dental and life Read more…

Liquidator, not strata council, must apply to court for confirmation of appointment and vesting of strata property in winding-up: BC Court of Appeal

In The Owners, Strata Plan VR2122 v Bradbury, 2018 BCCA 280, the BC Court of Appeal weighed in on some of the procedural requirements to wind up a strata property under part 16 of the Strata Property Act. The case was an appeal of a decision from late 2017, in which the BC Supreme Court confirmed the winding-up of a strata property “known as the Hampstead, a four-story residential building in Vancouver’s West End, built in 1988.” Read more…

Strata Property Law Project marks its fifth anniversary

Today is the fifth anniversary of BCLI’s Strata Property Law Project—Phase Two. Highlights of the project’s fifth year include the consultation on governance issues for stratas and making progress on insurance issues and selected common-property and land-title issues. Consultation on governance issues The highlight of the year was the publication in March 2018 of the project’s third consultation paper, the Consultation Paper on Governance Issues for Stratas. The consultation paper contained 83 tentative recommendations on Read more…

New Brunswick seeks feedback on proposals for enduring powers of attorney legislation

The Legislative Services Branch (LSB) of the Office of the Attorney General (New Brunswick) is currently working on proposals for powers of attorney legislation. The LSB released Law Reform Notes #40 in December 2017 and Law Reform Notes #41 in May 2018. Both issues of the notes discuss the LSB’s proposals for powers of attorney legislation. The LSB seeks feedback on its suggestions and proposals for reform. The deadline for providing feedback is July 15, Read more…