There are many circumstances where a committee appointed to look after the affairs of a mentally incompetent patient may need to access the contents of a patient’s file materials from a lawyer. The cases of Derlago v Derlago, (1994) 93 BCLR (2d) 307, 2ETR (2d) 315 and Re: Elsie Jones, 2009 BCSC 1306, at paras 12-13, clarifies that the authority to make decisions regarding a patient’s property, including legal files, extends to the committee.
Several strata corporations have turned to the online Civil Resolution Tribunal (“CRT”) to collect strata fees and special levies from their owners. There are at least five reported CRT decisions with respect to collections alone. Three of those decisions were for a single strata corporation.
While it may be convenient to use a consolidated set of bylaws, especially when there have been numerous, piecemeal revisions to the bylaws over the years, relying on a consolidated set of bylaws can create serious issues. Further issues can be caused when a strata corporation files a consolidated set of bylaws in the Land Title Office (the “LTO”). A strata corporation should only distribute the filed, legal version of the bylaws to its owners.
In the recent decision of The Owners, Strata Plan LMS 3539 v Ng, 2016 BCSC 2462, the BC Supreme Court found a strata corporation could be responsible for damage to a strata lot on the grounds of nuisance. Continue reading “Nuisance by the Strata Corporation” »
Mr. A.B. had serious medical problems throughout his life. He and his wife, K.L.W., wished to have children. He arranged to have his sperm stored by Genesis Fertility Centre, so that his wife could use his reproductive material to conceive a child. He wanted her to be able to do so after his death. Continue reading “K.L.W v. Genesis Fertility Centre” »
I have the honour of being included in the faculty for a course on Capacity and Influence, which will be held in both Edmonton and Calgary, presented by the Legal Education Society of Alberta. Continue reading “I Will be Speaking at the Legal Education Society of Alberta Capacity and Influence Course” »
In a 2015 BC Supreme Court decision, the strata corporation sought the assistance of the Court to remedy an issue with their visitor parking. All owners of the strata corporation had been under the impression that several spaces were visitor parking spaces. Continue reading “Errors in Strata Plans” »
I have often suggested to clients with children or other intended beneficiaries of their estates with disabilities that they consider creating discretionary trusts for the beneficiary with a disability if the beneficiary is eligible for British Columbia benefits for persons with disability. Continue reading “Assets Held in a Discretionary Trust May Affect Some Types of Assistance for Beneficiaries with Disabilities (But Still Often a Good Idea)” »