Habitat for Humanity Saved, Fitness for Trial and Foreign Buyer Tax
What happens when a charity’s promise of affordable homeownership collides with tenancy law, a defendant’s faith collides with courtroom rules, and a tiny ownership share collides with a big tax bill? We dig into three BC Court of Appeal storylines that ripple through daily life, showing how legal reasoning protects public purpose, fair trials, and housing policy.
First, we unpack a pivotal ruling that keeps Habitat for Humanity’s early occupancy model alive. A participant who entered a home through sweat equity and income-based “occupancy fees” argued she was a tenant protected by the Residential Tenancy Act. The Court of Appeal took a purposive view: those flexible, sometimes zero-dollar payments weren’t rent, and the agreement aimed at ownership, not tenancy. By restoring the original adjudicator’s call, the court preserved a pathway for families to move toward buying, without forcing a charity into a role it wasn’t designed to fill.
Next, we tackle the sharp line between mental illness and trial fitness. A woman facing a firearm charge held intense religious beliefs, rejected medication, and said Jesus would represent her. The Crown claimed she was unfit; the judge said she understood the nature and consequences of proceedings and could communicate with counsel. The takeaway is clear: the law presumes fitness and respects even poor or unconventional choices unless a mental disorder blocks basic comprehension. Faith-informed thinking isn’t the same as being unable to have a fair trial.
Finally, we clarify a costly misconception about the foreign buyer tax. A couple split title 95/5 between a Canadian and a foreign national, hoping the surcharge would apply only to the small share. The court said the tax hits the full property value when any buyer meets the foreign buyer definition, reflecting legislative intent to deter workarounds through fractional title or trusts. If you’re structuring a purchase, this ruling sets expectations and helps avoid expensive surprises.
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Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.