Amoah v. York Condominium Corp. No. 42

24/07/13 – Jurisdiction Ontario
Part 13 published on 01/02/06
Corporation’s lien rights confirmed

The condominium corporation had levied a special assessment, with payments to be made quarterly.  The owner alleged that he had made the payments.  The corporation denied that he had made the payments.  The Court concluded that the owner failed to provide proper proof that he had made the payments.  Therefore the corporation’s lien was proper. 

The Court also said that the condominium corporation was entitled to apply payments received from the owner to whatever month it decided, including the first month owing.  Finally, the Court said that the condominium corporation was not obligated to accept partial payments and was not obligated to discharge the lien until it was paid in full.