22/04/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Appeal Dismissed. Condominium corporation’s notice of lien was sufficient
The condominium corporation applied for summary judgment of its right to enforce a lien registered against the owner’s unit, including an order for vacant possession of the unit.
In addition: The owner had asserted a counterclaim against the condominium corporation for damages allegedly suffered due to the acts or omissions of the condominium corporation’s superintendent in allegedly acting as the owner’s leasing agent.
The lower Court granted summary judgment of the corporation’s claims and also summarily dismissed the owner’s counterclaim. [See Condo Cases Across Canada, Part 67, September 2019.]
The owner appealed. The appeal was dismissed. The Court of Appeal determined that the required ten days’ notice of lien (prior to registration of a certificate of lien) does not include the date that the notice is sent but includes the date that the certificate of lien is registered. The Court of Appeal said:
The motion judge was correct to apply only s. 89(3) of the Legislation Act. Section 85(4) of the Condominium Act describes the period between two events that must occur for a condominium corporation to obtain the full benefit of the lien contemplated in s. 85 of that Act. Section 85(4) of the Condominium Act contemplates that the corporation must (1) give notice of the lien, and (2) register a certificate of lien. It also describes the minimum number of days that must elapse between the two actions. As such, it is appropriate to interpret the notice provision in s. 85(4) of the Condominium Act as excluding the giving of notice and including the registration of the certificate of lien in accordance with s. 89(3) of the Legislation Act.
The Court of Appeal also confirmed the lower Court’s decision to dismiss the owner’s counterclaim.
Carleton Condominium Corp. No. 476 v. Wong