Strata Alert: The Potential Risks of Short-Term Accommodations and Strata Property Insurance

In the Strata Plan VR 2213 v. Schappert, 2023 BCSC 2080 case, the BC Supreme Court ruled that short-term renters are “named insureds,” affecting strata property insurance costs. This decision implies that insurers cannot recover damages from these renters, potentially leading to increased premiums for strata corporations allowing services like Airbnb. Strata corporations might consider amending their bylaws to restrict short-term rentals as a response to this financial risk. Lesperance Mendes, experts in strata property law, advise strata corporations to review their policies and consult legal professionals for tailored guidance.

Strata Alert: Stratagize Podcast – Balancing Efficiency And Informed Decisions: Exploring The Impact Of The Civil Rights Tribunal On Resolving Strata Matters

Lesperance Mendes’ Alex Chang was recently a guest on the Stratagize podcast where he shared his knowledge and experience concerning the Civil Resolution Tribunal (CRT). Download the episode here or wherever you get your podcasts. Here are the show notes: In this episode, Brent and James meet with Alex Chang, partner at Lesperance Mendes and […]

Underground Oil Storage Tanks – Post-Removal Steps

    Naomi R. Rozenberg Phone:  604-685-3911 Email: nrr@lmlaw.ca     If an underground oil storage tank (“UST”) was removed from your property, there are certain steps you can take to protect yourself, your family, and your investment. The UST may have already rusted, corroded and leaked furnace oil, causing soil and groundwater contamination. Contamination from […]

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.[…]

BC Human Rights Tribunal dismisses complaint in Kirk v. Burnaby Hospice Society, 2019 BCHRT 5

The Human Rights Tribunal of Ontario has ruled that an employee does not have an absolute right to smoke marijuana at work, even for legitimate medicinal purposes. An employer is not required to accommodate an employee’s preferences with regard to using cannabis if doing so would amount to undue hardship.[…]

Human Rights Tribunal of Ontario Upholds Termination of Employee Using Medical Marijuana

The Human Rights Tribunal of Ontario has ruled that an employee does not have an absolute right to smoke marijuana at work, even for legitimate medicinal purposes. An employer is not required to accommodate an employee’s preferences with regard to using cannabis if doing so would amount to undue hardship.[…]

Communicating about Migrating Contamination

Communicating about Migrating Contamination   Erika M. Swinton, Associate Phone:  604-685-3911 Email: ems@lmlaw.ca   Communication is key when contaminants migrate from one property (the “source” property) to a neighbouring property (the “affected” property). The Ministry of Environment (MOE) sets out communication requirements for parties managing migrating contamination in its guidance document Administrative Guidance 11 (AG11). […]

Environmental Law in BC FAQs about Contaminated Sites and Certificates of Compliance

FAQs about Contaminated Sites and Certificates of Compliance   Naomi R. Rozenberg, Associate Phone:  604-685-3911 Email: nrr@lmlaw.ca     If you were involved in the remediation of a contaminated site, you should consider obtaining a certificate of compliance for the property. Similarly, if you are contemplating the purchase of a remediated property, you may wish to […]

Strata Alert: One person’s trash may be another person’s treasure

If your strata has balconies, patios, or an underground parking facility, chances are someone is using those areas for storage. If those areas are common property or limited common property (LCP), your strata likely as rules and bylaws regulating what can and cannot be stored in those areas.[…]

This is “Dripping Tap”: A discussion of the limited circumstances in which strata corporations may be responsible for repairing and maintaining strata lot property

A strata corporation generally has no legal duty to repair or maintain, or to pay for repairs and maintenance, to a strata lot, except to the extent required under its bylaws, in cases of negligence by the strata corporation, or in cases where a strata corporation has had to damage strata lot property in order to undertake repairs. Even then, the strata corporation’s duties may be circumscribed by the presence of a preexisting alteration and indemnity agreement.[…]