British Columbia

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British Columbia

Jurisdiction:

Leary v. Strata Plan VR1001 (British Columbia Human Rights Tribunal) September 21, 2016

Strata corporation failed to properly accommodate a resident with a disability, who complained of second-hand smoke
Jurisdiction:

The Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership (British Columbia Court of Appeal) September 15, 2016

Disclosure statement contained a material misrepresentation. However, the purchasers suffered no resulting damages
Jurisdiction:

The Owners, Strata Plan KAS 3549 v. 0738039 B.C. Ltd. (British Columbia Court of Appeal) September 9, 2016

Appeal dismissed. The developer had failed to call the first AGM within prescribed time limits; but there should be no penalty unless an owner has called the AGM
Jurisdiction:

East Barriere Resort Limited v. The Owners Strata Plan KAS1819 (British Columbia Supreme Court)

Court determines that the strata lots are “residential”; that the strata corporation cannot grant licenses of the boat slips for a period in excess of one year; and that the strata corporation cannot control activity outside the strata property
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The Owners, Strata Plan BCS3648 v. Podwinski (British Columbia Supreme Court) August 24, 2016

Unpaid fines are not strata fees
Jurisdiction:

Barrett v. The Owners, Strata Plan LMS 3265 (British Columbia Supreme Court)

Court orders that schedule of unit entitlements be amended to include finished basements and finished lofts in calculation of habitable areas
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Mathews v. The Owners, Strata Plan VR 90 (British Columbia Court of Appeal)

Appeal dismissed. Strata corporation entitled to refuse rental request
Jurisdiction:

The Owners, Strata Plan VR360 v. Jauhar (British Columbia Small Claims Court) July 26, 2016

Owner responsible for deductible in relation to water escape damage
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Frank v. The Owners Strata Plan LMS 355 (British Columbia Supreme Court)

Installation of roof deck railings was a repair, not a change
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Dandurand v. Strata Plan KAS 3558 (B.C. Human Rights Tribunal)

Human Rights Tribunal refuses to dismiss complaint. Smoker might have a right to smoke, because of a disability
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The Owners Strata Plan NW 1245 v. Linden (B.C. Supreme Court) April 8, 2016

Residents ordered to comply with by-laws and to pay fines
Jurisdiction:

Norenger Development (Canada) Inc. v. The Owners, Strata Plan NW 3271 (B.C. Court of Appeal)

Order appointing administrator generally cannot avoid voting rights of owners