British Columbia

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British Columbia

Jurisdiction:

Binichakis v. Smitherman (British Columbia Supreme Court)

Owner’s claim for unjust enrichment dismissed
Jurisdiction:

(Re) Strata Plan NW2212 (British Columbia Supreme Court)

Court refuses application to amend strata plan
Jurisdiction:

The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight (Court of Appeal for British Columbia)

Strata corporation entitled to extension of limitation period The Strata corporation had started a Court action one day after expiry of the two-year limitation period.  The lower Court granted an extension of the limitation period [see Condo Cases across Canada, Part 19, September 2007].  The lower Court’s decision was upheld on appeal.  The Court of Appeal said that Sections 171 and 172 of the Strata Property Act (which require that the strata corporation obtain authorization by resolution passed by a three-quarter vote, before bringing an action) constitute a “statutory impediment” resulting in a postponement of the limitation period pursuant to Section (6)(4)(b) of the Limitations Act.  The Court said that Section 173.1 of the Strata Property Act (which states that any action commenced without complying with Sections 171 and 172 is not void) does not remove the statutory impediment. The Owners, Strata Plan LMS 2940 v. Squamish Whistler Expres
Jurisdiction:

Yang v. The Owners Strata Plan LMS 4084 (Supreme Court of British Columbia)

Expenses allocated in accordance with Strata Property Act. No oppression
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Menzies v. Strata Plan NW 2924 (British Columbia Human Rights Tribunal)

Owner’s complaint about windows found to be premature
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Peace v. Strata Plan VIS2165 (British Columbia Supreme Court)

No significant unfairness where special levy is based on unit entitlements
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Shannon v. The Owners, Strata Plan KAS 1613 (British Columbia Human Rights Tribunal)

Owner entitled to keep window screen
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Strata Plan VR386 v. Luttrell (British Columbia Supreme Court)

Owner not entitled to withhold Strata Fees
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Schoal Point Strata Council (Office of the Information & Privacy Commissioner for British Columbia)

Video surveillance of common elements only permitted for certain purposes and under certain conditions
Jurisdiction:

Kabatoff v. Strata Corp. NW 2767 (British Columbia Human Rights Tribunal)

Second hand smoke MAY give grounds for human rights complaint against strata corporation
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Srata Plan NW971 v. Daniels (British Columbia Supreme Court)

Strata corporation entitled to sell strata lots of owner in default
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Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (Supreme Court of Canada - Leave to Appeal Granted) (August 27, 2009)

Question as to insurers duty to defend under commercial general liability policies. Leave to appeal to the Supreme Court of Canada granted