British Columbia

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British Columbia

Jurisdiction:

Strata Plan LMS 3904 v. Commonwealth Insurance Co. (British Columbia Supreme Court)

23/09/13 – Jurisdiction British Columbia Part 27 published on 01/08/09 Court considers the following questions: How many occurrences? How many deductibles? In 2005, the strata corporation discovered that about one-third of the units were being used for marijuana grow-operations.  Damage to the property (as a result of the grow-ops) was close to $500,000.  The corporation’s insurance provided coverage for this type of loss, but was subject to a $50,000 deductible for each occurrence.  The insurer took the position that each grow-op, in each unit, was a separate occurrence, triggering a separate deductible in each case.  The insurer said: “Because a separate deductible applies to each apartment that was the location of a grow-op, and the repair [cost] in respect of each apartment is less than the deductible, the insurers’ position is that there is no indemnity due under the policy.” The strata corporation asserted that all of the grow-ops were part of one overall operat
Jurisdiction:

Cambridge Plumbing Systems Ltd. v. Owners, Strata Plan VR 1632 (British Columbia Supreme Court)

Contractor claims against strata corporation for damages due to alleged improper tendering process. Claim dismissed.
Jurisdiction:

Binichakis v. Smitherman (British Columbia Provincial Court)

Owners claim for unjust enrichment dismissed.
Jurisdiction:

McMillan v. Canada Mortgage and Housing Corporation (Supreme Court of Canada)

Application for leave to appeal dismissed by Supreme Court of Canada. No basis for claim against CMHC.
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Azura Management (Kelowna) Corp. v. Strata Plan KAS 2428 (British Columbia Supreme Court)

No oppression. Procedural irregularities generally did not merit Court intervention
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Strata Plan LMS3259 v. Sze Hang Holding Inc. (British Columbia Supreme Court)

Proxies can be bought and sold.
Jurisdiction:

Matthews v. Strata Plan NW1874 (British Columbia Provincial Court)

Small Claims Court lacks jurisdiction to order compliance with by-laws
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Strata Plan NW499 v. Louis Estate (British Columbia Court of Appeal)

Age-restriction by-law did not apply to prior resident
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Strata Plan VIS2968 v. K.R.C. Enterprises Inc. (British Columbia Court of Appeal)

Options to purchase portions of common property invalid
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Peterson v. Proline Management Ltd. (British Columbia Court of Appeal)

Injury to strata lot owner. No breach of fiduciary duty by condominium corporation
Jurisdiction:

McMillan v. Canada Mortgage and Housing Corporation (British Columbia Court of Appeal)

No basis for claim against CMHC (for a “leaky” condo)
Jurisdiction:

Kearsley v. Strata Plan KAS 1215 (British Columbia Supreme Court)

Owner not entitled to keep solarium