September 1, 2017

CRT Roundup—repairs, chargebacks, parking stalls, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 18 new decisions since the last post. Repairs—water penetration—negligence and significant unfairness In Capek v The Owners, Strata Plan VR1706, 2017 BCCRT 42, the applicant owner alleged that the strata corporation was negligent Read more…

August 8, 2017

Ontario Court of Appeal affirms strata corporation’s plan to manage parking through bylaw allowing allocation of spaces by lease

In Cheung v York Region Condominium, 2017 ONCA 633, the Ontario Court of Appeal affirmed a decision from last year on a suburban Toronto condominium’s “toxic parking situation.” The facts of the case, as summarized by the court, were: There are 34 units in this complex, of which the appellant owns three. She Read more…

August 4, 2017

BC Supreme Court holds that a positive obligation in an easement is not binding on subsequent landowners

In The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425, 2017 BCSC 1346, the Supreme Court of British Columbia considered “whether an obligation to pay certain expenses contained in an agreement registered against title to parcels of land can bind subsequent owners of the land.” Much like Read more…

July 20, 2017

Ontario court orders internet service provider to disclose identity of author of allegedly defamatory emails

Carleton Condominium Corporation No 282 v Yahoo! Inc, 2017 ONSC 4385, is an interesting case that displays the intersection of condominium law, civil procedure, and the tort of defamation. The case was an application launched as a prelude to a defamation proceeding. The plaintiff was a condominium corporation, which claimed Read more…

July 11, 2017

A closer look at the Report on Complex Stratas—should strata corporations be allowed to allocate expenses paid for out of the contingency reserve fund to types?

This post is the second in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. Currently the Strata Property Act and the Strata Property Regulation only allow strata corporations to designate types of strata lots for the purpose Read more…