British Columbia

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British Columbia

Jurisdiction:

Martin v. Lavigne (British Columbia Court of Appeal)

President’s newsletter protected by qualified privilege. No claim for defamation
Jurisdiction:

Clarke v. Strata Plan VIS770 (British Columbia Supreme Court)

Administrator’s appointment extended. Strata corporation does not have authority to seek re-zoning without unanimous consent of owners
Jurisdiction:

Geunther v. Strata Plan KAS431 (British Columbia Supreme Court)

Strata corporation obligated to repair and maintain balcony enclosures
Jurisdiction:

Ulansky v. Waterscape Homes Ltd. Partnership (British Columbia Supreme Court)

Purchase agreements declared unenforceable due to developer’s failure to disclose all material facts
Jurisdiction:

The Owners, Strata Plan NES 97 v. Timberline Developments Ltd. (Supreme Court of British Columbia)

Developer must share costs attributable to common facilities
Jurisdiction:

Chan v. Strata Plan VR-151 (British Columbia Supreme Court)

The tree has grown too tall
Jurisdiction:

Azura Management (Kelowna) Corp. v. The Owners, Strata Plan KAS 2428 (British Columbia Court of Appeal)

Residential and non-residential lots to vote separately under Section 128 of Strata Property Act
Jurisdiction:

Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (Supreme Court of Canada)

Insurer having duty to defend under commercial general liability policies
Jurisdiction:

Owners of Strata Plan NW 391 v. Forsberg (Supreme Court of British Columbia)

Owner’s rental of unit contravened corporation’s by-laws
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Strata Plan VR 2213 v. Duncan (British Columbia Provincial Court)

Occupants not always tenants. Move-in fee did not apply
Jurisdiction:

Jiwan Dhillon and Co. Inc. v. Gosal (Court of Appeal for British Columbia)

Court of Appeal strikes down order prohibiting owner from standing for election
Jurisdiction:

Weir v. Strata Plan NW 17 (British Columbia Supreme Court)

Strata corporation obligated to act reasonably, but there may be many reasonable alternatives