Alberta

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Alberta

Jurisdiction:

Scotia Mortgage Corporation v. Conejero (Alberta Court of King’s Bench) February 2, 2024

Condominium corporation could no longer maintain a caveat or lien against a unit where the condominium corporation’s right to assert a claim for recovery was statute barred (due to expiry of the limitation period)
Jurisdiction:

Spicer v. Condominium Corp. 041156 (Alberta Court of King’s Bench) October 31, 2023

Barbecue found not to be causing unreasonable nuisance to neighboring owner
Jurisdiction:

Engel v. The Owners: Condominium Corporation Plan No. 9023695 o/a Glenora Manor (Alberta Human Rights Tribunal) March 23, 2023

Condominium corporation discriminated against resident by failing to install accessible patio doors
Jurisdiction:

Aubin v. Condominium Plan No 862 2917 (Alberta Court of Queen’s Bench) October 31, 2022

Courts orders condominium corporation to investigate adequacy of common wall to reasonably reduce noise transmission
Jurisdiction:

Cush v. Condominium Corporation No. 7510322 o/a Renfrew House (Alberta Human Rights Tribunal) August 16, 2022

Condominium corporation ordered to install ramp to accommodate resident with a disability. Condominium corporation met its obligation to make reasonable efforts to provide indoor parking to the resident.
Jurisdiction:

Lauder v. Condo Corp No. 932 1565 (Grand Carlisle) (Alberta Court of Queen’s Bench) June 7, 2022

Appeal Court confirms Master’s order that a window be replaced
Jurisdiction:

Condominium Corporation No 072 8880 v. Sully (Alberta Court of Queen’s Bench) November 10, 2021

Court decides condominium corporation’s claims for interest and costs in connection with collection of common expenses
Jurisdiction:

Condominium Corporation No 0626935 v. Stenzel (Alberta Court of Queen’s Bench) September 13, 2021

Court determines that limitation period for damages incurred due to common element encroachment had expired
Jurisdiction:

Toronto-Dominion Bank v Bachand (Alberta Court of Queen’s Bench) April 9, 2021

Court determines priorities as between condominium corporation and mortgagee. Condominium corporation’s legal charges not secured by the corporation’s caveat.
Jurisdiction:

1212443 Alberta Ltd v Condominium Corporation No 0721898 (Alberta Court of Queen’s Bench) April 26, 2021

Owner entitled to solicitor and client costs in relation to required appointment of Administrator
Jurisdiction:

Ryan v. Condominium Corporation No 0610078 (Alberta Court of Appeal) March 15, 2021

Court of Appeal confirms lower Court ruling that owner engaged in “improper conduct”, but reduces the resulting restrictions imposed upon the owner
Jurisdiction:

Lauder v. The Owners: Condominium Plan No. 932 1565 (Alberta Court of Queen’s Bench) February 24, 2021

Condominium corporation’s conduct was improper in failing to adequately repair the common elements