Strata Alert: Bill 44 To Prohibit Rental Restrictions, Limit Age Restrictions and Allow Electronic General Meetings

The provincial government has introduced Bill 44 – 2022: Building and Strata Statutes Amendment Act, 2022. The bill released on November 21, 2022, has three objectives relevant to strata councils, managers, owners and lawyers:
1. Rental restrictions bylaws will be prohibited;
2. Age restriction bylaws will be restricted; and
3. Electronic general meetings will be allowed…. […]

Strata Alert: Top 5 Issues For New Strata Corporations – #1 Take Control

With everything seeming new and shiny, many buyers can enter a honeymoon period with their new strata corporations. Many may also be preoccupied with moving and settling in. However, there are many issues that a new strata corporation should deal with or they may run into trouble later… […]

Strata & Rental Manager Alert: Keeping Cool in Strata and Rental Properties

Many British Columbians are not used to thinking of cooling as a necessity in their homes in the same way that we think of heating. However, after the heat dome of 2021 and climate change causing more extreme weather events, we may already be seeing the beginning of a shift in the housing industry… […]

Strata Alert: The Court of Appeal Says “Imminent Risk” Not Required to Fund Repairs

The Court of Appeal of BC has overruled a 2021 decision of the BC Supreme Court that dismissed a strata corporation’s petition under s. 173 of the Strata Property Act that sought court approval of a levy to fund repairs… […]

Strata Alert: Don’t just stand and “stair”: A strata corporation must accommodate a disabled resident to the point of undue hardship or risk steep consequences

This recent decision from the BC Human Rights Tribunal (HRT) emphasizes a strata corporation’s responsibility to address accessibility complaints where a resident suffers from a physical disability.[…]

Strata Alert: An “odious” situation: the impact of a disability on a strata’s obligation to investigate and enforce smoking and nuisance bylaws

When a person’s medical condition is aggravated by smoke or fragrances, they would typically remove the source from their home. But what happens when the offending odour passes through the shared walls or ventilation system of a condominium?[…]

Terminating your Employee for No-Show is a No-Go: What Employers can Learn from Wong v. Polynova Industries Inc.

Consider this scenario: Your employee says he is not feeling well and will be taking a few days off work. After a few days, however, the employee does not report to work. Days turn into weeks, and he is still a no-show. You try calling him, but you are unable to reach him. More time goes by, and the employee has not made any attempt to contact you. You assume he has quit, and you hire a replacement to do his job. […]

Employer Sponsorship of Men-Only Ski Event Found to be Discriminatory

McConaghie v. Systemgroup Consulting Inc., 2014 HRTO 295 Naomi Rozenberg, Phone: 604-685-3911 Paul G. Mendes, Phone: 604-685-4894 Sometimes even your best marketing ideas can land you in hot water with the Human Rights Tribunal. Systemgroup Consulting Inc. sponsored a customer appreciation day that was for men only. Systemgroup paid for some male employees […]

Contractors May Be Entitled to Reasonable Notice of Termination

Khan v. All-Can Express Ltd., 2014 BCSC 1429 By Naomi Rozenberg, Associate Phone: 604-685-3911 Email: A recent BC Supreme Court decision confirms that contractors who are in an economically dependent relationship are entitled to reasonable notice of termination or pay in lieu of notice. Khan v. All-Can Express Ltd., 2014 BCSC 1429 involved a […]

Maple Leaf Foods: An “Imminent Risk” to Construction Defect Claims?

On November 6, 2020, the Supreme Court of Canada released the 5-4 decision of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 (“Maple Leaf Foods”). The majority decision states that property owners who bring negligence claims for building defects must prove that the defects present an “imminent risk” of danger to persons or damage to property.

Some defence counsel have interpreted this case as a major development. However, we predict that it will have a limited impact on how courts determine future construction defect claims. […]