June 28, 2017

BC Supreme Court: Short-term occupancy of strata lots under licenses not entitled to protection of Strata Property Act’s rental restriction grace period

HighStreet Accommodations Ltd v The Owners, Strata Plan BCS2478, 2017 BCSC 1039, concerned the application of rental restrictions to a strata-lot that was being used for short-term accommodation. The case came before the court as a pre-trial determination of a point of law. The court was asked to determine whether Read more…

June 14, 2017

New coming-into-force dates announced for Ontario condo reforms

A report has surfaced in Ontario that the ministry of government and consumer services has announced new dates on which provisions of the Protecting Condominium Owners Act, 2015 (PDF), are projected to come into force. The Protecting Condominium Owners Act, 2015, is the fruit of a major law-reform initiative in Ontario. It Read more…

June 7, 2017

Saskatchewan court finds strata owner in arrears of “contributions” not entitled to vote

Section 53 (2) of BC’s Strata Property Act governs when a strata-lot owner who owes money to the strata corporation may lose the right to exercise the strata lot’s vote. That vote may be lost if the following apply: the strata corporation has a bylaw providing that the owner’s right to Read more…

May 24, 2017

BC Supreme Court finds strata-lot owners in contempt of court order, orders eviction and sale of their strata lot

Section 173 of the Strata Property Act gives the BC Supreme Court wide powers to order compliance with the act and a strata corporation’s bylaws and rules. In The Owners, Strata Plan LMS 2768 v Jordison, 2013 BCCA 484, the court of appeal concluded that these powers include the power to evict Read more…

May 19, 2017

BC Court of Appeal: Classification of strata lots as residential must be determined “at or around the inception of the development”

In East Barriere Resort Ltd v The Owners, Strata Plan KAS1819, 2017 BCCA 183, the Court of Appeal for British Columbia allowed an appeal from a decision of a chambers judge in a case concerning the interpretation of the expression “residential strata lots” in section 128 of the Strata Property Act. As Read more…