31/05/2019 – Jurisdiction Ontario
Part 66 published on 01/06/2019
No prior notice required for claim. Also, any such notice requirement applies to filing of Statement of Claim, not to issuance of Notice of Action
The condominium corporation issued a Notice of Action and then a Statement of Claim against several parties, including the corporation’s property manager (for alleged breaches of the manager’s obligations under the management agreement between the corporation and the manager). The manager argued that the claim was a nullity for failure to comply with the notice requirements contained in Section 23 of the Condominium Act and moved for a dismissal of the claim.
The Court dismissed the manager’s motion, for two key reasons:
- The Court said that the requirement to provide notice applied to the Statement of Claim, not to the Notice of Action, and the necessary notice had been provided prior to the filing of the Statement of Claim.
- In any event, the notice requirements under Section 23 do not apply to a claim made by a condominium corporation under a contract to which the corporation is a party (such as the management agreement in this case).
York Region Standard Condominium Corp. No. 1206 v. 520 Steeles