A recent North Vancouver strata owner took the Strata Corporation to the Civil Resolution and won. He now is allowed to keep his golden retriever dog. He successfully argued the bylaw that restricted “small dog” was too vague and therefore is an unenforceable bylaw. The decision can be found here. The facts of the case…
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In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide. The case confirms that working notice provided during a…
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In a recent case out of Ontario, Chambers v. Global Traffic Technologies Canada Inc., 2018 ONSC 2000, the court maintained that bonuses earned by an employee prior to termination or during the reasonable notice period are, in fact, payable to the employee despite their being terminated from his/her employment. Additionally, the court awarded nine months’…
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In the Fall of 2018, the BC Provincial Government will introduce a new speculation tax on residential property. This tax will target foreign and domestic speculators who pay little or no income tax in BC as well as satellite families (families who pay little income tax in BC and have high worldwide income). The BC…
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Does your Strata have an owner not paying their strata fees? Strata Corporations can now collect full legal fees when collecting on a strata lien. A strata corporation should not have a buildup of arrears from owner(s) as it can be a great burden on many strata corporations when one or more owners are not…
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An owner sued the strata corporation and the strata corporations’ property manager alleging she suffered injuries as a result of inhaling toxic paint fumes when a painting company engaged by the strata corporation repainted the common property hallways and stairways in both of the strata buildings: Wingrave v. Pure Painters Inc. ,2018 BCSC 58. The owner’s…
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When purchasing any real estate, the onus falls on purchasers to investigate the state and quality of the property they intend to buy. When considering units in apartments, condo buildings, townhouses, and even duplexes, purchasers should ensure they have a subject condition in the Contract of Purchase and Sale allowing them to review and approve…
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I am sure you have all heard in the media that ICBC and the NDP have teamed up to make a plan to cap compensation for pain and suffering for innocent victims who are injured in car accidents at a maximum of $5,500. What you may not have heard is that they also intend to…
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In a recent Ontario Court of Appeal decision, Sataur et al. v. Starbucks Coffee Canada Inc. et al., 2017 ONCA 1017, the liability of an employee’s wrongdoing, even during the course of their employment, was deemed to potentially attract personal liability, rather than shifting the liability to the employer. The plaintiff in this case, Sataur…
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