19/07/2021 – Jurisdiction Manitoba
Part 75 published on 01/09/2021
Last mortgage discharged as against parking unit beneficially owned by condominium corporation
Previous Court decisions had confirmed that the condominium corporation was the beneficial owner of a particular parking unit. [See Condo Cases Across Canada, Part 65, March 2019 and Part 70, June 2020.]
The Courts were also required to address the issue of certain mortgages against the parking unit. The Court of Appeal previously ordered that two of three mortgages (against the parking unit) be discharged from title. However, in relation to the third mortgage, the Court of Appeal ordered that the matter be referred back to the Application Judge to determine whether or not that mortgage should also be removed from title.
On that further Application, the Court determined that the third mortgage should also be removed from title to the parking unit. The Court said:
…the mortgage registered in 2003 should be removed from the title to the parking unit on the basis that it is just and equitable to do so based on an application of the principles set out in Newrey, as well as the previous appellate judgment in this matter.
Winnipeg Condominium Corporation 479 v. 520 Portage Avenue Ltd. et al.