May 12, 2017

Court finds strata-lot owners suffered “no prejudice” from arbitrators’ failure to advise them of the possibility of a mediated settlement

Hunt v The Owners, Strata Plan LMS 2556, 2017 BCSC 786, is the latest chapter in a dispute involving the proposed installation of a heating, air-conditioning, and ventilation system on a strata’s limited-common-property balcony. Although the HVAC system was never actually installed, the prospect of its approval by the strata council Read more…

May 11, 2017

BC Supreme Court considers first application to appeal CRT decision

There is no automatic right to appeal a decision in a strata-property case by the Civil Resolution Tribunal. If a party disagrees with the CRT’s decision, the party may only appeal to the supreme court if all the other parties consent or if the court grants leave to appeal. Appeals Read more…

April 27, 2017

The Law Commission Publishes its Final Report on Mental Capacity and Deprivation of Liberty

On March 13 2017, the Law Commission of England and Wales published its final report on  Mental Capacity and Deprivation of Liberty. While the Commission is still awaiting response from government, the report culminates a three-year process which included one of the largest consultation efforts the Commission has undertaken. The Read more…

April 20, 2017

Ontario court issues injunction restraining condominium corporation from holding meeting to consider termination

In the wake of recent changes to the Strata Property Act, termination has become a topic of interest in British Columbia. A recent case from Ontario, where the Condominium Act, 1998, has a longstanding provision allowing termination and sale of a condominium property when “the owners of at least 80 per cent Read more…

April 6, 2017

Saskatchewan courts tackle cost sharing in condominiums

Late last month, Saskatchewan’s Court of Queen’s Bench issued two judgments examining cost sharing in a condominium property. Cost sharing has been front and centre in recent work in BCLI’s Strata Property Law Project, culminating in the publication of the Consultation Paper on Complex Stratas (PDF). The consultation paper examined Read more…