Part 37 published on 01/02/12
Appeal allowed in part. There were genuine issues for trial respecting claims against the developer’s lender
The condominium corporation and unit purchasers had asserted claims for alleged faulty construction against a large number of defendants, including the developer’s lender, MCAP Financial Corporation (MCAP).
The chambers judge had summarily dismissed the claims against MCAP. [See Condo Cases across Canada Part 33 – February 2011]
The Court of Appeal reversed the ruling of the chambers judge, in part. The Court of Appeal held that the chambers judge was correct in dismissing the claims against MCAP in negligence. However, the Court of Appeal said that the following claims against MCAP should not have been summarily dismissed: claims for negligent misrepresentation, knowing assistance, knowing receipt, unjust enrichment and claims based on the allegation that MCAP was a “developer” within the meaning of s. 14 of the Condominium Property Act.