British Columbia

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British Columbia

Jurisdiction:

Basic v. Strata Plan LMS 0304 (Court of Appeal for British Columbia)

Strata corporation dealt reasonably with water problems. [Corporation not negligent.] Therefore, corporation not liable for owner’s alleged damages
Jurisdiction:

Dollan v. Strata Plan BCS 1589 (Supreme Court of British Columbia)

Corporation’s refusal to allow owner to change opaque “spandrel window” to normal vision window significantly unfair. Owner permitted to change window
Jurisdiction:

Watson v. Havaday Developments Inc. (Supreme Court of British Columbia)

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

Stettner v. Strata Plan PG 56 (British Columbia Provincial Court)

Small Claims Court does not have jurisdiction to decide a claim based upon an alleged breach of Section 71 of the Strata Property Act
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