PRACTICE PROFILE
Elaine McCormack is a member of the firm’s Real Estate and Corporate/Commercial Practice. Her primary area of practice is in assisting strata corporations, individual owners, and management companies in the governance and dispute resolution processes of strata life. In her capacity as a solicitor, Ms. McCormack drafts bylaws, resolutions, and contracts, and assists clients with the procedural requirements regarding their enforcement. As a barrister, Ms. McCormack represents clients in Small Claims Court, in the British Columbia Supreme Court and in the British Columbia Court of Appeal, on human rights matters, and in mediations and arbitrations.
As a Chartered Arbitrator, Ms. McCormack has adjudicated a number of disputes and uses this experience in turn when advocating for clients before fellow arbitrators.
REPRESENTATIVE EXPERIENCE
- Obtained a court order for a group of owners of strata lots without basements that basements of other strata lots in the complex would be included in the calculation for unit entitlement in Smith et al v. The Owners, Strata Plan LMS 1821 et al, 2007 BCSC 402 (S.C.).
- Obtained a court order for a group of owners in a case resulting in the appointment of an administrator.
- Successfully defended a bylaw restricting the age of residents to 19 years of age and older in Drummond v. Strata Plan NW 2654 (2004), 34 B.C.L.R. (4th) 359 (S.C.).
- Acted as co-counsel for a strata corporation in a pivotal case defining the transitional provisions between the Condominium Act and the Strata Property Act as they relate to the allocation of repair costs. This resulted in the owner of a strata lot located in the part of a building that was heritage construction being required to contribute to the part of the building that was more recently constructed in The Owners, Strata Plan LMS 1537 v. Alvarez (2003), 17 B.C.L.R. (4th) 63 (S.C.).
- Counsel in case representing a strata corporation where co-owners were found to have breached a rental bylaw and judgment was obtained for all fines levied in Strata Plan NW 375 v. Izowski, (2002), BCSC 924 (S.C.).
- Drafted a bylaw restricting the age of residents to 55 years of age and over that was found enforceable by the Supreme Court of British Columbia in Marshall v. Strata Plan No. NW 2584 (1996), 27 B.C.L.R. (3d) 70 (S.C.).
- Represented clients in human rights matters and obtained settlements in mediation. Matters involved an owner and a strata corporation in one instance, and a company and employee in another.
- Acted in several cases as counsel in condominium arbitrations resulting in favourable outcomes for clients, both complainants and respondents.
- Acted for many strata corporations regarding collections and Order for Sale proceedings, resulting in negotiated settlements or the sale of the strata lot in order to pay the amount owing to the strata corporation.
- Acted for a strata corporation that was dealing with a grow-op in the building, and successfully negotiated required repairs and reimbursement of the repair costs by the owner to the strata corporation.
- Drafted bylaws for many strata corporations, including those requiring complex bylaws regarding residential and commercial sections or apartment and townhouse sections. Successfully negotiated bylaws for a residential section with a commercial section.
- Acted for strata corporations in contract negotiations with management companies, contractors, engineers, telecommunications service providers, employees, and other entities.
- Assisted strata corporations in designating limited common property, including balconies and parking stalls.
- Represented strata corporations in acquiring caretaker suites and selling them.
- Acted for strata corporations in obtaining loans to finance repairs to strata complexes.
- Attended general meetings of strata corporations to give procedural advice and advice on various legal matters.
RECENT PUBLICATIONS AND CONFERENCES
Ms. McCormack has presented seminars on various condominium related issues to owners, strata council members, strata managers, arbitrators, and lawyers. These have included seminars for the Condominium Home Owners’ Association (CHOA), the Professional Association of Managing Agents (PAMA), the Board of Directors for the BC Arbitration and Mediation Institute (BCAMI) and the Construction Law Subsection of the Canadian Bar Association. Ms. McCormack has regularly contributed articles for the CHOA Journal and has also written for the Industry News, Bar Talk, and Strata Living.
Ms. McCormack has held an executive position on BCAMI. As a member of BCAMI, Ms. McCormack has marked exams for their professional training courses for arbitrators, was a co-speaker at a breakfast seminar concerning arbitration under the Strata Property Act, and has trained mediators on strata law.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- British Columbia Arbitration and Mediation Institute, Member
- ADR Institute of Canada Inc., Chartered Arbitrator
- Law Society of BC, Member
- Canadian Bar Association, Member
ON A PERSONAL NOTE
Outside the office, Ms. McCormack enjoys practicing yoga and pilates and belongs to a masters swim program.
