31/01/2020 – Jurisdiction Ontario
Part 69 published on 01/03/2020
Appeal Dismissed. Special assessment properly levied by condominium corporation
The condominium corporation registered notices of lien (for unpaid condominium fees) against unsold units of the Declarant. The corporation subsequently levied a special assessment which the Declarant did not pay (in relation to its units). The corporation subsequently issued Notices of Sale in relation to the liens against the Declarant’s units. The lower Court held that the liens were valid. [See Condo Cases Across Canada, Part 67, September 2019.]
The Declarant appealed and the appeal was dismissed. The Court of appeal held that there was no indication of any legal or palpable and overriding error on the part of the application judge.
1552443 Ontario Inc. v Nipissing Vacant Land Condominium Corporation No. 41