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ARTICLE TAGS IN
Justin Hanson
EMPLOYEES, INDEPENDENT CONTRACTORS, AND WHY THE DIFFERENCE MATTERS TO STRATA CORPORATIONS
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.
Justin Hanson
May 226 min read
Restricting Occupancy of a Strata Lot by Bylaw
A Strata may have legitimate reasons for limiting occupancy, but those reasons must be supported by facts
Justin Hanson
May 174 min read
PIPE DREAMS -- The Death of the PT SL Pipe. A Commentary on the Misapplication of Taychuk and Fudge by Justin Hanson
What has emerged in recent years is not a clarification of the law governing pipes and drains in strata corporations, but a troubling distortion of it. A growing line of Civil Resolution Tribunal decisions has drifted from that framework, elevating an overly broad reading of Taychuk v. Strata Plan LMS 744 and Fudge v. Strata Plan NW 2636 into something approaching a blanket rule that any pipe or drain connected to a larger system is common property.
Justin Hanson
May 1516 min read
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