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…

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…

March 30, 2017

CRT roundup—bylaws, repairs, and significant change in use or appearance of common property

March 2017 has seen two strata-property decisions from the Civil Resolution Tribunal. Unauthorized amendment of bylaws and repair of deck Fournier v The Owners, Strata Plan LMS 768, 2017 CRTBC 11 (PDF), concerned decisions taken at, and actions flowing from, a strata corporation’s special general meeting. At the meeting, two resolutions Read more…

March 24, 2017

Complaint alleging strata corporation’s refusal to grant hardship exemption from its rental-restriction bylaw allowed to proceed to hearing

In a recent decision, the BC Human Rights Tribunal has allowed a complaint of discrimination in the area of accommodation, service, or facility on the basis of ancestry, mental disability, or physical disability contrary to section 8 of the Human Rights Code to proceed to a hearing. Talbot v Strata Plan Read more…