Condoquest is a daily blog of case law, news stories and commentary about all aspects of strata / condominium ownership and governance in British Columbia and the effects of a now decades-old leaky condo epidemic affecting high- and low-rise condos and co-ops as well as many brand new single-family dwellings. Visitors are invited to post questions and comments at the Condoquest Facebook Group. Everyone most WELCOME!
Of particular interest at the moment is the prospect of a new leaky condo class action this time in Prince Rupert: Bosworth v. Jurock,
ReplyDelete2011 BCSC 1583. It would provide the court with a much-needed oppty to properly address the issue of seller's representations and what the reasonable seller is expected to know about his property's true state of repair. The doctrine of caveat emptor preferred by Canadian courts should have NO place in condo transactions when buyer rarely, if ever, has an oppty to fully inspect all the common property for which he'll be liable as an owner.
In addition, there may be some advances soon in toxic mold litigation, which has so far precluded B.C. leaky condo and co-op dwellers from much if any recourse despite health hazards acknowledged by Health Canada. If this Quebec teacher succeeds in her action, it could pave the way to a moldy housing class action that dwarfs the Indian residential school settlements.
Here we are at Thumbtack - http://www.thumbtack.com/ca/pacifica/legal-research/legal-research-writing-on-condo-strata-governance-issues. Note that Biblitz is pleased to receive condo inquiries from anywhere in the world such a scheme exists. I'll review the condo legislative scheme in that jurisdiction, search the relevant decisions and get back to you in about a day.
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