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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In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the…
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Electric vehicle (“EV”) charging stations are on the rise. Many strata owners are requesting the installation of charging stations. Recently, we have seen charging stations pop up around the city of Kelowna and throughout the Okanagan. those stations can be found here. An EV car can be charged by just using a regular 120 V…
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Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case,…
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On March 7, 2018, a decision was released by the Ontario Superior Court of Justice in which the court awarded a terminated employee damages equal to 18 months’ pay although the employee had only been employed for a little over 6 years. By all Canadian standards, this case demonstrates an extremely high notice requirement for…
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Here is What You Need to Know... Next week (April 8th to April 14th) is Make a Will Week here in British Columbia. Make a Will Week is an initiative that is supported by the government of British Columbia, encouraging the public to either create a Will or to review and update an existing legal Will.…
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