02/09/15 – Jurisdiction Alberta
Part 52 published on 01/11/15
Owner not entitled to set off amounts of owner’s claims against common expenses
Part 52 published on 01/11/15
Owner not entitled to set off amounts of owner’s claims against common expenses
The condominium corporation was granted summary judgement for common expense arrears. The owner had asserted a counterclaim for floor damages, and had refused to pay common expenses until the counterclaim was determined and paid.
The Court held that the owner was not entitled to any set-off for the owner’s claims. The owner appealed. The appeal was dismissed.
The Appeal Court confirmed that the owner had no legal right to set-off in the particular circumstances of this case.