Condo Smarts: What is 'undue hardship'?
While not all accommodations may be possible, dialogue with council and owners to find a viable solution is essential.
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While not all accommodations may be possible, dialogue with council and owners to find a viable solution is essential.
4 to 17 september 2021 Council received the following applications during the period mentioned above. These applications can be viewed online on...
Recently, in Navigator], the B.C. Supreme Court clarified the effect of a BC Ferry Agreement, on the joint and several liability of remaining non-settling parties. A BC Ferry Agreement is where, in a multi-party proceeding, the plaintiff and one or more defendants agree to settle and the plaintiff agrees not to recover from the non-settling defendant(s) any portion of the loss ultimately attributable to the settling defendant(s). The Court in Navigator confirmed that when a BC Ferry Agreement is made, the liability of the remaining defendants remains joint and several as between each other. ...
A BC Ferries Agreement gives one or more defendants an opportunity to settle out of a multi-party proceeding on the plaintiff's agreement to forego recovery of any portion of the loss ultimately attributable to the settling parties from the non-settling defendants. How does this affect the parties that remain in the action? Are they jointly, severally, or jointly and severally liable as between them? In The Owners of Strata Plan KAS3204 v Navigator Development Corporation,2020 BCSC 1954, Madam Justice Warren decided that a BC Ferries agreement extinguishes joint liability between settling p...