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.

Presentation: Discrimination, Bullying & Harassment in the Workplace

Join Lesperance Mendes Lawyers for a presentation on discrimination, bullying and harassment in the Workplace. This presentation is best suited for executives, managers, supervisors and HR personnel and space is limited….[…]

Strata Alert: Court of Appeal Clarifies Rights of Owners to Control Limited Common Property

In Stratton v. Richter, 2022 BCCA 337, Lesperance Mendes won a victory for our clients in the Court of Appeal, securing their right to the exclusive use of a deck designated as limited common property (LCP) for their strata lot… […]

Strata Alert: Top 5 Issues For New Strata Corporations – #2 Collecting Records

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 early on to avoid running into trouble later…. […]

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?[…]

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. […]