CRT Roundup—bylaw enforcement, limited common property, repairs and maintenance, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 16 new decisions since the last post. Governance—bylaws—enforcement—disposal of owner’s property stored on limited common property In Figure Ski Enterprises Inc v The Owners, Strata Plan K 838, 2018 BCCRT 46, the applicant strata-lot owner claimed “the strata inappropriately removed and disposed of synthetic turf and school-type lockers that he had stored on limited common property” and sought compensation Read more…

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…