Council Discretion

Emerging jurisprudence reflects a growing tendency to conflate the duty to enforce with the duty to accommodate. Rather than treating them as distinct legal obligations with separate analytical frameworks, recent decisions often merge them into a single balancing exercise.

The distinction between an employee and an independent contractor is not determined by what the strata corporation calls the person. It is determined by the actual relationship between the parties. If a person is misclassified as a contractor, the strata corporation may face claims for employment standards entitlements, termination pay, common law reasonable notice, tax and payroll consequences, WorkSafeBC issues, and legal costs.

A 55+ age restriction bylaw remains lawful in British Columbia, but it is subject to important exemptions. The age requirement does not apply to certain existing lawful residents, qualifying live-in caregivers, children, adult children, and spouses of specified residents.