August 16, 2018

Federal government appeals decision striking down limits on charities’ political activities, promises new legislation in the fall

In a decision handed down last month, Canada Without Poverty v Canada (AG), 2018 ONSC 4147, the Ontario Superior Court of Justice struck provisions of the Income Tax Act which “define the extent to which a registered charity may devote its resources to ‘political activities.’ ”Specifically, the court held that limits on charities’ Read more…

August 2, 2018

Strata corporation’s bylaws, lien against strata lot set aside due to failure to give notice of meetings and to accept proxy appointment

The Owners, Strata Plan NW499 v Kirk, 2018 BCSC 1249, is the latest chapter in a long-running dispute between a White Rock strata corporation and one of its residents, the beneficial owner of a strata lot. In a decision issued late in 2016, the BC Court of Appeal allowed the Read more…

July 26, 2018

CRT Roundup—unit entitlement, expense allocation, bylaw enforcement, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 15 new decisions since the last post. Fundamental changes—changes to strata lot—amending Schedule of Unit Entitlement—loft—bylaws—enforcement—validity—significant unfairness Hassan v The Owners, Strata Plan LMS 2854, 2018 BCCRT 303, featured a dispute that came about Read more…

July 18, 2018

Strata Property Regulation amended to increase fines for breaches of short-term accommodation bylaws

The ministry of municipal affairs and housing has announced today that the Strata Property Regulation has been amended to increase the maximum fines that may be applied to a breach of a strata corporation’s short-term accommodation bylaws. The amended regulation (PDF) will set the maximum fine at “$1 000 for each contravention” Read more…

July 17, 2018

BC Court of Appeal affirms decision on dedication of strata corporation’s common property as a highway

The Court of Appeal for British Columbia has dismissed an appeal of a decision of a chambers judge, which had held that a disposition of a strata corporation’s common property for use as a highway was required to comply with a subdivision provisions found in part 7 of the Land Title Read more…