Whitehorse Condominium Corp. No. 95 v. 37724 Yukon Inc. (Yukon Supreme Court)

20/05/14 – Jurisdiction Yukon
Part 46 published on 01/05/14
Court approves revised development plan

In previous decisions, the Court had enjoined the developer from proceeding with the developer’s planned development for completion of the condominium. [See Condo Cases Across Canada, Part 41, February 2013 and Condo Cases Across Canada, Part 45, February 2014.] The Court had directed the developer to come up with a revised development plan that included proposed four-plexes on “Bare Land Unit A”.  The developer now presented two options (A and B).  The Court approved option B subject to listed conditions.  The Court’s decision included the following: 

Option A consists of seven four-plexes with two blocks of three attached four-plexes and one detached four-plex in between.  Option A provides for 28 units.

 

Option B consists of three attached four-plexes, three detached four-plexes and one single family unit for a total of 25 units. 

 

The condominium corporation opposed both options A and B, primarily due to concerns about parking, landscaping and drainage.  However, the court addressed those concerns in the imposed conditions.