Part 19 published on 01/09/07
Strata Corporation entitled to extension of limitation period
The Strata Corporation had started a Court action one day after expiry of the applicable two-year limitation period. The delay was necessary in order for the Strata Corporation to fulfill the statutory requirement for a 3/4 vote to authorize the commencement of the action.
The Court granted an extension of the limitation period. The Court said that, under Section 6(4) of the Limitation Act, the limitation period does not begin to run until the Strata Corporation has a reasonable time to obtain the requisite 3/4 vote authorizing the action. The Court said: “What is a reasonable period of time will depend on all of the circumstances, including the number of owners, their proximity and their past practice of waiving notice to meetings. In the present case, I need not determine what would constitute a reasonable period of time because there is no doubt that it would be at least one day”.