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Difference between revisions of "Recourse to the Courts (22:XVI)"
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Recourse to the Courts (22:XVI) (view source)
Revision as of 20:24, 22 August 2023
, 20:24, 22 August 2023→6. Practice Issues in Strata Litigation
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The requirement for approval under s. 171(2) or 172(1)(b) before starting litigation remains. However, in a situation of urgency such as an injunction to preserve the status quo in the face of a threatened action that cannot easily be undone, or because of the possible imminent expiry of a limitation period, a strata corporation can start an action or petition and then proceed to obtain the 3/4 vote approval of the litigation retroactively. | The requirement for approval under s. 171(2) or 172(1)(b) before starting litigation remains. However, in a situation of urgency such as an injunction to preserve the status quo in the face of a threatened action that cannot easily be undone, or because of the possible imminent expiry of a limitation period, a strata corporation can start an action or petition and then proceed to obtain the 3/4 vote approval of the litigation retroactively. | ||
=== 6. Practice Issues in Strata Litigation === | |||
==== a) Litigation Privilege and Requests for Access to Records === | ==== a) Litigation Privilege and Requests for Access to Records === | ||
