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Nov Advocate 2017

930 THE ADVOCATE This proposed legislation avoids the substantial pitfalls inherent in the B.C. approach. See Ronald Wilson, “Sale of Strata Land” (2016) 74 Advocate 663. It comprehensively addresses the requirement that the process be democratic, with the means set out for all owners to be informed and to express their support of or opposition to any sale. In addition, the criteria to be followed by the court on any proposal are far more in keeping with a proposed sale terminating the strata scheme rather than the winding up of a strata corporation. It would be in the public interest if this ever-growing problem were to be re-examined with the view that the B.C. Strata Property Act be further amended to reflect not only the Queensland approach but also that of New South Wales, from which B.C. derived its condominium legislation. Ronald Wilson (retired) VOL. 75 PART 6 NOVEMBER 2017 Let others debate the historical significance of Chief Justice Begbie. In doing so, let’s not impede the Law Society from doing its work, including the important task of implementing the recommendations of the Truth and Reconciliation Commission. Yours very truly, Craig A.B. Ferris, Q.C. Vancouver ENDNOTE 1. See online: <http://www.justice.qld.gov.au/corpo rate/community-consultation/community-consulta tion-activities/current-activities/review-of-propertylaw inqueensland> and <http://www.justice.qld. gov.au/__data/assets/pdf_file/0007/508714/qut recommendations-by-laws-debt-recover y-andscheme termination.pdf>. In the latter document (the Queensland Government Property Law Review: Options Paper Recommendations), the scheme termination recommendations are contained in recommendation 22 on p. 11 to recommendation 29 on p. 14, and the prescribed termination procedure is set out on pp. 55 to 82, with the conclusion appearing on p. 84. Dear Sir, Re: Sale of Strata Land The B.C. government amended the Strata Property Act recently with the stated intention of facilitating the sale of strata land. The means by which that objective was to be achieved was to provide for the termination of the strata corporation. This entailed the winding up of the corporation with the appointment of a liquidator who would own all the strata lots and be responsible to run the operation until the land was sold. Other jurisdictions have addressed the matter directly, with the focus being on the termination of the strata scheme rather than termination of the strata corporation. The most recent proposal1 for legislative amendment comes from Queensland, a state having strata law similar to that in B.C. t t t t t


Nov Advocate 2017
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