CLE Online

Welcome and Introduction to:
“The Paradise Park's Ongoing Issues, Including Owner's Meeting with Lawyer and Council Hearing”

The problems continue at Paradise Park, a mixed-use strata corporation. Now the council has been served with an application per the Civil Resolution Tribunal and has to deal with a request for a hearing from an owner. 

A council meeting has been called, and you, the course attendees, will be observers as the expert faculty takes you through the mock meeting with the owner and the hearing in front of the Strata Council.

Meeting With the Owner

An owner, frustrated and concerned with various decisions of the strata council, has arranged a meeting with his lawyer. The owner has requested a hearing before the strata council but wants to know if he should be applying to the CRT to solve his problems.

The lawyer will explain how the CRT operates, including jurisdiction and whether the lawyer will be able to represent the owner.

Other lawyers in the firm will advise the owner regarding his substantive concerns relating to the use and alteration of Limited Common Property and bylaw enforcement. 

Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna
Veronica P. Franco — Clark Wilson LLP, Vancouver
Adrienne M. Murray — Hammerberg Lawyers LLP, Vancouver
Paul G. Mendes — Lesperance Mendes, Vancouver

Break

Meeting With the Owner (continued)

Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna
Veronica P. Franco — Clark Wilson LLP, Vancouver
Paul G. Mendes — Lesperance Mendes, Vancouver
Adrienne M. Murray — Hammerberg Lawyers LLP, Vancouver

Lunch with Featured Speaker: “Civil Resolution Tribunal Update”

J. Garth Cambrey — Vice Chair, Strata, Civil Resolution Tribunal, Vancouver

Meeting With Strata Council Members

After receiving a request for a hearing, members of the strata council and their strata manager meet with the strata corporation's lawyer for advice. The council is concerned the owner may apply to the CRT.

The lawyer will explain the CRT process for responses and how claims are adjudicated. 

Another lawyer in the firm will advise the strata council and strata manager on the strata corporation's responsibility for repair.

Alexandra Andrisoi — Clark Wilson LLP, Vancouver
G. Stephen Hamilton — Hammerberg Lawyers LLP, Vancouver
Jennifer L. Neville — Hammerberg Lawyers LLP, Vancouver
Allen Regan — Bayside Property Services Ltd., Burnaby
Shawn M. Smith — Cleveland Doan LLP, White Rock
Patrick A. Williams — Clark Wilson LLP, Vancouver

Break

Hearing at Strata Council Meeting

The owner has a hearing with the strata council and serves notice of the owner's application to the CRT for dispute resolution. 

During the hearing, a number of process and procedural issues, as well as ethical concerns arise and must be addressed.

Alexandra Andrisoi — Clark Wilson LLP, Vancouver
G. Stephen Hamilton — Hammerberg Lawyers LLP, Vancouver
Paul G. Mendes — Lesperance Mendes, Vancouver
Adrienne M. Murray —Hammerberg Lawyers LLP, Vancouver
Shawn M. Smith — Cleveland Doan LLP, White Rock

Council Meeting Resumes After Hearing

The strata council obtains advice from the strata corporation's lawyer on its next steps including whether the strata manager and individual council members who are named in the CRT application must file separate responses, and obtain their own legal advice.

Alexandra Andrisoi — Clark Wilson LLP, Vancouver
G. Stephen Hamilton — Hammerberg Lawyers LLP, Vancouver 
Allen Regan — Bayside Property Services Ltd., Burnaby
Shawn M. Smith — Cleveland Doan LLP, White Rock

The Civil Resolution Tribunal: Panel Discussion

• The CRT
• how will the CRT change strata disputes if at all?
• appeal procedures
• judicial review

Alexandra Andrisoi — Clark Wison LLP, Vancouver
J. Garth Cambrey — Vice Chair, Civil Resolution Tribunal, Vancouver
Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna
Veronica P. Franco — Clark Wilson LLP, Vancouver
G. Stephen Hamilton — Hammerberg Lawyers LLP, Vancouver
Paul G. Mendes — Lesperance Mendes, Vancouver
Allen Regan — Bayside Property Services Ltd., Burnaby
Shawn M. Smith — Cleveland Doan LLP, White Rock

Questions & Discussion