Caution: The content on this website is intended as general information only and should not be relied on as legal advice. Views expressed in articles, alerts and other publications may not apply to the circumstances of a specific case, and are subject to change as a result of legislative amendments and court or tribunal decisions. Readers should obtain their own up-to-date independent legal advice before making any decisions that affect their rights.

CRT rules against strata corporation in dispute over accessible parking

Strata Alert:  CRT rules against strata corporation in dispute over accessible parking By Paul G. Mendes and Amanda Magee                                                                            Paul G. […]

Strata Alert: Good money after bad? Fining an owner for non-payment of strata fees

Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449

Many strata corporations in British Columbia have a bylaw permitting the strata to fine an owner for nonpayment or late payment of strata fees and special levies. These fines are sometimes referred to in the bylaws as “penalties” or “late payment charges.” […]

Strata Alert: Civil Resolution Tribunal Rules on Second Hand Marijuana Smoke

The Civil Resolution Tribunal (CRT )  has issued its first decision, and wouldn’t you know it, its about weed.

The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 CRTBC 1.

In this case a strata corporation filed a complaint against an owner who had repeatedly contravened […]

The New BC Franchises Act Means More Protections for Franchisees

On February 1, 2017, BC will become the sixth province in Canada to fully adopt its own version of the Uniform Franchises Act.  The purpose of the new BC Franchises Act is to offer franchisees protections in their relationships with their franchisors.

In most franchise agreements, the franchisor is entitled to exert significant control over the franchisee’s business so that the franchisor […]

Strata Alert: Sagging Roof Overhangs in Strata Complexes

A number of townhome strata developments have reported issues with sagging or deflecting roof overhangs. A sagging roof overhang may indicate that the roof is not supporting its own weight or other incidental loads and is at risk of premature collapse.  Strata corporations that are aware of such deficiencies should immediately consult a qualified structural engineer. […]

Strata Alert: Weeding through the law and the stoned, cold truth about medical marijuana and strata corporations

When it comes to responding to complaints about medical marijuana in a condominium, strata councils are held to a high standard. But navigating this area of law can be hazy.

All puns aside, the laws affecting medicinal marijuana are constantly […]

Strata Alert: Time Limits, Limitation Periods and Change-Over Amnesia

The ancient Greeks had a word for everything. According to the helpful folks at Wikipedia, amnesia is the Greek word for “forgetfulness”.  In modern usage, it has come to mean the memory loss that sometimes follows a traumatic event.  Like an election.

The amnesia I am talking about, of course, is the kind that appears after a change of council following an Annual General Meeting, or a change […]

Strata Alert: Ontario Court of Appeal confirms ‘business judgment rule’ applies to condominium boards

A recent decision from the Ontario Court of Appeal in 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375, 2016 ONCA 650, confirmed that the business decisions regularly made by condominium boards should be accorded the same level of deference as the business decisions of for-profit corporations.

The lawsuit stemmed from a decision of a condominium board refusing to allow the owner of commercial parking strata […]

Strata Alert: BC Human Rights Tribunal holds strata accountable for failing to deal with second hand smoke complaints

In a ruling likely to have repercussions across British Columbia, the BC Human Rights Tribunal has found a strata corporation liable for failing to accommodate an owner’s disability in relation to second-hand smoke.

As is often the case with second-hand smoke complaints, the unit owner had complained […]

Strata Alert: Commercial unit owner forced to pay back Condo Corporation for 6 years of hydro expenses despite a 2 year limitation period

In a decision from the Ontario Superior Court, Middlesex Condominium Corp. No. 195 v. Sunbelt Business Centres (Canada) Inc., a condominium corporation was successful in its claim to recover six years’ worth of hydro expenses from the owner of several commercial units on the basis that the hydro had exclusively been used by those units.

All 28 commercial units in the seven-storey mixed-use condominium […]