Allen / McMillan argues at first Supreme Court of Canada hearing conducted by Zoom

On June 9, 2020, AMLC’s Wes McMillan appeared, via Zoom, in the Supreme Court of Canada to make submissions on behalf of the Condominium Home Owners’ Association of BC (“CHOA”) in the case Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation.

This was the first time a Supreme Court of Canada hearing took place entirely by videoconference.

The case raises important issues concerning a strata corporation’s obligation to pay for property rights granted to it by way of easements and other charges registered at the Land Title Office.  It also addresses concerns that developers, through self-interested contracts, may burden strata corporations with significant financial obligations without the strata corporation ever formally agreeing to them.

CHOA argued that the common law concerning pre-incorporation contracts does not apply to strata corporations because the concern that pre-incorporation contract law was developed to address does not exist in the strata context.

Furthermore, CHOA argued that a strata corporation ought not to be required to pay for property rights granted to it by way of registered charges that pre-date the creation of the strata corporation.

AMLC is proud to represent non-profit organizations like CHOA to ensure its members and the persons it represents have a voice in our legal system.