BC Supreme Court tackles builders lien claim against a strata corporation’s common property

In a decision released yesterday, the Supreme Court of British Columbia addressed some of the difficult issues that can arise when a strata corporation engages a builder to carry out construction on common property. Primex Industries Inc v The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, contained a sustained discussion on whether strata-lot owners must be named in a court proceeding to enforce the lien or whether just the strata corporation can be named Read more…

BC Court of Appeal sets aside fines because strata corporation failed to give owner notice and an opportunity to respond

In Terry v The Owners, Strata Plan NW 309, 2016 BCCA 449, the Court of Appeal for British Columbia reversed a decision made earlier this year by a judge of the supreme court in chambers and declared fines imposed on a strata-lot owner for failing to pay strata fees and a special levy to be invalid. In giving its reasons for judgment, the court made some noteworthy comments on interpreting section 135 of the Strata Property Act, Read more…

Spotlight on phases: Should approval of a Phased Strata Plan Declaration expire after one year?

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. 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 on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please Read more…

BCLI Announces Appointment of Brent Olthuis to Board of Directors

The British Columbia Law Institute is pleased to announce that Brent Olthuis of the Vancouver law firm Hunter Litigation Chambers has joined our Board of Directors as a Member at Large. Mr. Olthuis is an experienced litigator whose broad practice in civil, commercial, administrative and constitutional law has brought him before all levels of court in British Columbia and Ontario. He has also conducted hearings before the trial courts in Alberta and Yukon Territory, the Read more…

Spotlight on Types: Should the Strata Property Act require a strata corporation that wishes to cancel types of strata lots to obtain approval of this decision at a general meeting by adoption of resolutions passed by 3/4 votes of both eligible voters in the type and all eligible voters in the strata corporation?

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. 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 on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please Read more…