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 Alert: BUILDEX Vancouver

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?

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

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.

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. […]

Strata Alert: Collecting the Costs of Collections

Strata corporations can be understandably concerned about the legal cost of collecting arrears for unpaid strata fees and levies from owners. This is why it was welcome news to many when the Court of Appeal in KAS 2428 v. Baettig, 2017 BCCA 377, confirmed that a strata corporation’s actual legal costs may be claimed under a lien… […]

Environmental Alert: Remediation legal costs are recoverable under the Environmental Management Act

The B.C. Court of Appeal recently released a significant decision for those seeking to recover legal costs incurred in remediating contamination on their property.
In Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., the appellants were the current owners of two properties in Abbotsford that had undergone remediation. […]

Strata Alert: Are Pre-Incorporation Cost-Sharing Agreements Enforceable?

The Supreme Court of Canada has ruled that a strata corporation is bound by the terms of a parking facility agreement that existed before the corporation was formed, because the strata’s behaviour was consistent with an intention to enter into a new, post-incorporation contract on the same terms.[…]

Strata Alert: The New Land Owner Transparency Act and Strata Lot Owners: What You Need to Know

The new Land Owner Transparency Act establishes a Land Owner Transparency Registry (“LOTR”) so that all beneficial ownership in land is recorded and tracked in British Columbia. Starting November 30, any relevant partnership, trust, or corporation will be […]

Strata Alert: ¾ Votes May be Required to Keep Gyms and Pools Closed During COVID-19 Pandemic

In response to the COVID-19 pandemic, many strata corporations made the responsible choice to close common amenities, such as pools, gyms, saunas and party rooms. However, in the recent decision of Brogan v. The Owners, Strata Plan 845, 2020 BCCRT 1196, the Civil Resolution Tribunal (CRT) ruled that a strata needed to pass a ¾ vote at a general meeting to keep them closed… […]

Strata Alert: Take a deep breath. “Restricted proxies” are still OK.

Do you pine for the good old days, before March of 2020, when strata’s held general meetings and nobody cared?  You remember the drill.  Wait half an hour, and then whoever is in attendance forms a quorum, even if it’s only one person? Well, those days are over. […]