BC Human Rights Tribunal dismisses discrimination complaint against strata corporation in second-hand smoking dispute

In another strata-property dispute involving second-hand smoke, the British Columbia Human Rights Tribunal has issued a mixed decision. In Beckett v The Owners, Strata Plan NW 2603, 2016 BCHRT 27, the tribunal dismissed a complaint of discrimination on the basis of mental or physical disability under section 8 of the Human Rights Code. The complainants were partially successful in their argument that the strata corporation retaliated against them contrary to section 43 of the code. The strata Read more…

BCLI Recognized in the Legislature

Law reform is often a slow process and it can take many years before recommendations in a BCLI project report are implemented.  As we’ve reported in this blog over the past year, many project recommendations have been implemented.  These successes keep us, our board and our volunteer committee members motivated.  We also appreciate our work being recognized and are pleased that in the March 1, 2016 debates on Bill 5 in the legislature, both Minister Read more…

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…