Carleton Condominium Corp. No. 396 v. Burdet (Ontario Court of Appeal)

The lower Court granted the condominium corporation partial judgment in the amount of $109,440.52 for common expense arrears.  The Court ordered a trial to determine any balance owing by the defendants.  [See Condo Cases Across Canada, Part 36, December 2011.] 

In appealing to the Court of Appeal, the defendant unit owners argued that partial judgment was inappropriate and that all issues raised should be considered at once (at the trial).  The appeal was dismissed.  The Court of Appeal said that the motion judge correctly found that there was no issue requiring a trial in relation to the partial judgment amount of $109,440.52.