Manitoba Law Reform Commission publishes issue paper on land titles and trusts

The Manitoba Law Reform Commission is studying the effect that certain kinds of trusts have on the operation of Manitoba’s land-title system. In its just-published Issue Paper on Indefeasibility of Title and Resulting and Constructive Trusts (PDF) the commission is taking on the following topics: the paper explores the issue of whether the fact that someone’s name appears on a certificate of title as an owner of a piece of land constitutes conclusive proof that he Read more…

Elder Abuse in Chinese and South Asian Communities— A Recent CCEL Collaboration

By Jenny Ruan, Pro Bono Students Canada volunteer Gao came to Canada five years ago. She was sponsored by her son, Henry. He and his wife May had twin baby girls. Gao was excited to meet her first grandchildren and welcomed the opportunity to care for them when her daughter-in-law returned to work. Consistent with immigration policy, Gao’s son signed an undertaking with the government of Canada to be financially responsible for his mother for Read more…

Strata corporation’s counterclaim against owner-developer barred by Limitation Act

In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The application turned on a larger dispute involving the designation of amenity spaces and parking spots as limited common property. The case concerned a strata property consisting Read more…

BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation

In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the complaint and application The complainant in Dandurand v Strata Plan KAS 3558, 2016 BCHRT 47, was a tenant of a strata-lot owner. She was described Read more…