17/05/13 – Jurisdiction Ontario
Part 24 published on 01/11/08
Appeal dismissed – condominium corporation did not have authority to assert certain claims
Part 24 published on 01/11/08
Appeal dismissed – condominium corporation did not have authority to assert certain claims
The lower Court Judge struck out several paragraphs of the statement of claim (alleging that the developer had failed to comply with the ruling of the Ontario Securities Commission relating to the sales of the units) on the ground that the condominium corporation did not have authority under Section 23 of the Condominium Act to assert such claims. [See Condo Cases Across Canada, Part 21, February 2008.]
The condominium corporation appealed to the Ontario Court of Appeal. The Appeal was dismissed and the lower Court decision was upheld.