Part 6 published on 01/05/04
Notice to owners not required in the case of a claim for contribution and indemnity
A condominium owner sued the condominium corporation over a leaking roof. The condominium corporation asserted a third party claim against the roofer, for contribution and indemnity. The trial judge held that the third party claim was a nullity because the condominium corporation had failed to give owners notice of the claim in accordance with Section 14 of the previous Condominium Act. [The current equivalent is Section 23 of the Condominium Act, 1998].
A condominium owner sued the condominium corporation over a leaking roof. The condominium corporation asserted a third party claim against the roofer, for contribution and indemnity. The trial judge held that the third party claim was a nullity because the condominium corporation had failed to give owners notice of the claim in accordance with Section 14 of the previous Condominium Act. [The current equivalent is Section 23 of the Condominium Act, 1998].
On appeal, the decision of the trial judge was reversed. The Ontario Court of Appeal said that the notice requirement does not apply to a claim for contribution or indemnity, because this is not a claim for recovery of damages within the meaning of the Act.