Carleton Condominium Corporation No. 26 v. Nicholson (Ontario Superior Court of Justice)

The condominium corporation brought an Application under Section 109 of the Condominium Act, 1998, for an Order to amend certain alleged errors or inconsistencies in the Declaration.  One of the owners opposed the Application.  The Court granted the condominium corporation’s request to amend the Declaration.  The Court agreed that there were errors or inconsistencies requiring amendment.  The Court also found that the condominium corporation was not barred from making application under Section 109 of the Act even though a previous attempt to amend the Declaration with consent of the owners (under Section 107 of the Act) had failed