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… […]
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.
Strata & Rental Manager Alert: Keeping Cool in Strata and Rental Properties
July 28, 2022 by
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
July 28, 2022 by
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
May 31, 2022 by
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
May 31, 2022 by
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?[…]
Maple Leaf Foods: An “Imminent Risk” to Construction Defect Claims?
May 20, 2022 by
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. […]
Strata Alert: BUILDEX Vancouver
February 23, 2022 by
On April 22, 2020, BC’s Minister of Public Safety and Solicitor General issued a revised order protecting essential service providers (such as strata managers) from liability resulting from transmission of SARS-CoV-2 if they provided their essential service, or …[…]
Strata Alert: Does a Power of Attorney have the power to be on strata council?
December 7, 2021 by
A power of attorney is a legal document that gives one person legal authority to act as an attorney (i.e. make decisions) on behalf of another person. Under the BC Power of Attorney Act, an adult of full capacity can appoint an attorney to make decisions on their behalf, do anything the adult may lawfully do by an agent concerning the adult’s financial affairs. They are most often used by strata lot owners who reside full or part-time outside of BC, but they also arise in cases where the strata lot owner may have a cognitive impairment. […]
Contractor Warranties: The Good, the Bad, and the Time Sensitive
September 14, 2021 by
Owners often focus their attention on their “2-5-10” new home warranty policy. However, they often overlook warranties provided by contractors, trades, suppliers and manufacturers on their work or products. […]
Employment Alert: Terminating your Employee for No-Show is a No-Go: What Employers can Learn from Wong v. Polynova Industries Inc.
June 8, 2021 by
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. […]