Recourse to the Courts (22:XVI): Difference between revisions
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→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 === | ==== 6. Practice Issues in Strata Litigation ==== | ||
==== a) Litigation Privilege and Requests for Access to Records === | ==== a) Litigation Privilege and Requests for Access to Records === |