What is the test for obtaining the consent of all owners of a building scheme when the grantor no longer exists?
British Columbia, Canada
The following excerpt is from Larocque v. Mackenzie, 2014 BCSC 2223 (CanLII):
In British Columbia, a person seeking to do something that could not be done without the consent of the grantor, pursuant to a building scheme when the grantor no longer exists, can proceed only with the consent of all other owners or apply to the court pursuant to s. 35 of the PLA for an order modifying or cancelling the building scheme. The applicable principle is succinctly summarized by Tysoe J.A. in Tri-X Timber Corporation v. Rutherford, 2012 BCCA 71 at paras. 16-17:
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