19/01/2021 – Jurisdiction Ontario
Part 73 published on 01/03/2021
Court dismisses claims against individual Directors
The Plaintiff owner asserted various claims against the condominium corporation in relation to the corporation’s alleged failure to properly maintain and repair the common elements. He also asserted claims against the condominium’s directors “on the basis of negligent misrepresentation, a breach of the statutory duty of care, and negligence in their failure to take reasonable steps to address the deficiencies detailed in his claim”.
The Court dismissed the claims against the directors. The Court said:
A plain reading of these allegations reveals that these complaints are directed against the individual board members in their role as the directing minds of the Condominium Corporation. There are no pleadings of material facts that make the conduct complained of their own.
https://www.canlii.org/en/on/onsc/doc/2021/2021onsc390/2021onsc390.pdf
Matlock v. Ottawa-Carleton Standard Condominium Corp. No. 815