Elaine T. McCormack, J.D. 

McCormack & Company Law Corporation 
Barrister & Solicitor 
Suite 350, 500 Sixth Avenue 
New Westminster, BC V3L 1V3
 
Telephone:  604-545-0095
elaine@wmlg.ca 
 

Strata Law / Litigation / Arbitration / Mediation   

 

Elaine T. McCormack an experienced barrister, solicitor, arbitrator and mediator.  

A co-founder of Wilson McCormack Law Group, Ms. McCormack has joined forces with Cora D. Wilson to better serve the strata community.
 
Her previous experience includes practicing as a general practitioner at a small law firm, being an entrepreneur running a boutique law firm, and as the head of the strata and dispute resolution departments at a large provincially based firm.
 
As a lawyer, Ms. McCormack passionately works for strata corporations, management companies and individual owners to establish proper governance, resolve disputes and to collect amounts owing. As an arbitrator and mediator, Ms. McCormack's clients include strata corporations, individual owners and developers.
 
Resume
 
In her career spanning over 22 years, Elaine McCormack has represented clients in Small Claims, the Supreme Court of British Columbia and at the Court of Appeal, in human rights matters, privacy matters and in mediations and arbitrations.
 
She has been a Chartered Arbitrator for over 17 years and has arbitrated various disputes under the Strata Property Act, including matters concerning bylaw enforcement, use of property, rentals, rental pools, and allocation of costs between sections.  
 
Ms. McCormack has extensive mediation training and is a member of the Mediate BC Roster. She has experience in many different types of mediations, including construction, employment, strata, and disputes between owner/developers and strata corporations.
 
Court Experience
 
She obtained various orders for an owner of a commercial strata lot regarding parking and excess user charges, resulting in the strata corporation being ordered to pay damages. B.P.Y.A. 1163 Holdings Ltd. v. The Owners, Strata Plan VR 2192, 2008 BCSC 695.
 
Obtained a court order for a group of owners so that unit entitlement was reduced for those strata lots without basements in Smith v. The Owners, Strata Plan LMS 1821 et al, 2007, BCSC 402 (S.C.).
 
Successfully defended a strata corporation 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.).
 
Co-counsel in a case that successfully argued that precedent not be followed. The case defined the transitional provisions between the Condominium Act and the Strata Property Act regarding the allocation of repair costs, see The Owners, Strata Plan LMS 1537 v. Alvarez (2003), 17 B.C.L.R. (4th) 63 (S.C.).;
 
Successfully argued to uphold a strata corporation’s rental bylaw and payment of fines in Strata Plan NW 375 v. Izowski (2002), BCSC 924 (S.C.). 
 
Ms. McCormack has extensive collections experience on behalf of strata corporations, including experience collecting against estates. 
 
Solicitor Experience
 
Drafted bylaws for various strata corporations, including bylaws for complex strata corporations with sections, bylaws addressing privacy issues, and bylaws regarding human rights matters.
 
Acted on behalf of strata corporations obtaining loans, creating limited common property, changing allocation of costs, selling caretaker’s suites, negotiating agreements with telecommunication service providers, engineers and contractors. 
 
Professional Affiliations and Appointments
 
Law Society of British Columbia, Member
 
Canadian Bar Association, Member
 
Appointed to Civil Resolution Tribunal of B.C.
 
Member of British Columbia Arbitration and Mediation Institute ("BCAMI"), Chartered Arbitrator and Qualified Mediator
 
Member of BCICAC Domestic Arbitration and Mediation Panels
 
ADR Institute of Canada Inc., Chartered Arbitrator, Qualified Mediator
 
Mediate BC, Member of Civil Resolution Roster
 
Member of British Columbia Law Institute Strata Property Law – Phase Two Committee
 
Condominium Home Owners Association of BC, instructor of various seminars and author of various CHOA Journal Articles from Spring 1994 to present
 
Professional Association of Managing Agents – speaker and author of "2013 Real Estate E & O Legal Update for Strata Managers" (a five hour relicensing course) and various other courses.
 
Education
 
2014 Q. Med designation – ADR Institute of Canada Inc.
 
1998 C. Arb designation – ADR Institute of Canada Inc.
 
1993 Admitted to the Bar in British Columbia
 
1992 LL.B. University of British Columbia
 
1988 B.A. (Major in English, Minor in Law and the Liberal Arts, University of Calgary)
 
Publications and Presentations
 
Ms. McCormack has been a featured speaker and educator for strata managers, individual owners, lawyers and mediators for many organizations, including the Condominium Homeowners Association, the Professional Association of Managing Agents, the British Columbia Arbitration and Mediation Institute and the Construction Sub-Section of the Canadian Bar Association.
 
Elaine McCormack has held an executive position on the British Columbia Arbitration and Mediation Institute Board of Directors, as well as taught the professional training course on legal procedure to arbitrators and she has also taught strata law to mediators.
 
She is presently teaching the E & O Legal Update Course for Strata Managers through the Professional Association of Managing Agents ("PAMA"). 
 
She is a frequent contributor to the CHOA Journal and to Strata-sphere.