Alberta

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Alberta

Jurisdiction:

Calgary Jewish Academy v. Condominium Plan 9110544 (Alberta Court of Appeal)

Appeal allowed. Lease of common property declared valid and binding
Jurisdiction:

Condominium Plan No. 762 1302 v. Stebbing (Alberta Court of Queen's Bench)

Pet violates by-law, but removal stayed until pet either dies or is relocated
Jurisdiction:

Condominium Corp. No. 0213865 v. Uhrik (Alberta Court of Queen's Bench)

Owner’s counterclaim doesn’t affect obligation to pay special assessments
Jurisdiction:

Bank of Montreal v. Rajakaruna (Alberta Court of Queen?s Bench)

Appeal dismissed. Mortgagee not entitled to summary judgment for foreclosure. Furthermore, mortgagee’s claim dismissed in its entirety.
Jurisdiction:

Progressive Property Management Ltd. v. Condominium Plan No. 842 1517 (Alberta Provincial Court)

Condominium manager entitled to compensation for breach of contract
Jurisdiction:

Hnatiuk v. Condominium Corp. No. 032 2411 (Alberta Queen's Bench)

Condominium corporation had a duty to investigate potential risks to heath and safety
Jurisdiction:

Stagg v. Condominium Plan 882-2999 (Alberta Queen's Bench)

Condominium corporation ordered to pay full indemnity costs
Jurisdiction:

First Calgary Savings and Credit Union Ltd. v. Perera Shawnee Ltd. (Alberta Court of Queen's Bench)

Condominium corporation cannot levy special assessment only against the developer’s unsold units (for amounts required to rectify alleged original building deficiencies)
Jurisdiction:

Bank of Montreal v. Rajakaruna (Alberta Court of Queen"s Bench)

Mortgagee not entitled to summary judgment for foreclosure
Jurisdiction:

Canalta Construction Co. v. Dominion of Canada General Insurance Company (Alberta Queen's Bench)

Developer-Builder’s insurer must defend claim by condominium corporation
Jurisdiction:

GC Capital Inc. v. Condominium Corporation No. 0614475 (Alberta Queen's Bench)

Director of corporate developer might be personally liable to condominium corporation in relation to lease of heating and cooling equipment
Jurisdiction:

Condominium Plan No. 0715560 v. Le Beau Developments Inc. (Alberta Queen’s Bench)

Court action respecting building deficiencies stayed pending the results of the arbitration under the National Home Warranty Certificate