BC Court of Appeal affirms “foundational democratic principles” at the heart of the Strata Property Act

In an important decision on strata-property governance, the Court of Appeal for British Columbia has grappled with whether legislation respecting a court-appointed administrator of a strata property “permits a court to abrogate a right which lies at the very core of a strata corporation’s constitutional structure: the owners’ democratic right to vote.” In Norenger Development (Canada) Inc v The Owners, Strata Plan NW 3271, 2016 BCCA 118, the court overturned an earlier decision of the British Columbia Supreme Read more…

Bill 16 Changes to Assisted Living Legislation Consistent with BCLI / CCEL Recommendations

Proposed amendments introduced in the Legislative Assembly yesterday in Bill 16, the Community Care and Assisted Living Amendment Act, 2016, are consistent with recommendations made by the British Columbia Law Institute (BCLI) and Canadian Centre for Elder Law (CCEL) in a 2013 report.  “We are very pleased to see that a number of changes to the legal framework for assisted living that are proposed in Bill 16 are consistent with the recommendations developed by our Read more…

Australian Law Reform Commission launches elder abuse inquiry

The Australian Law Reform Commission has just embarked on a major inquiry into elder abuse. The inquiry is in response to a reference from Australia’s attorney general. Its terms of reference direct the ALRC to consider: existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or abuse by formal and informal carers, supporters, representatives and others. These should include, but not be limited to, regulation of: financial institutions, superannuation, social security, Read more…

Australian Law Reform Commission releases report on rights and freedoms

The Australian Law Reform Commission has just published its report on Traditional Rights and Freedoms—Encroachments by Commonwealth Laws. The report identifies rights, freedoms, and privileges recognized by the common law, examines commonwealth (federal) laws that may infringe them, and considers potential approaches to restricting rights and freedoms. The report’s goals are summarized in the following terms in the ALRC’s press release: In this far-reaching inquiry, the Australian Law Reform Commission was asked to identify and critically Read more…

BC Supreme Court orders strata corporation to be wound up

In a brief oral judgment handed down last month, the Supreme Court of British Columbia has ordered the winding up of a strata corporation with a liquidator, even though winding up commanded less than unanimous support among the owners. The Owners, Strata Plan NW422 v Khlybov, 2016 BCSC 285, involved a strata corporation with 21 strata-lot owners. The court briefly set out the basis of the application in two paragraphs: The petitioners, who are a strata Read more…