26/09/13 – Jurisdiction Alberta
Part 34 published on 01/05/11
Corporation’s claim for common expense arrears is a “continuing claim”
Part 34 published on 01/05/11
Corporation’s claim for common expense arrears is a “continuing claim”
The question in this case was whether or not the condominium corporation’s claim for common expense arrears qualified as a “continuing claim”. If so, the Court can determine the damages amount up to the time the Court makes its determination (pursuant to Rule 9.9 of the Alberta Rules of Court).
The Court held that the claim for common expense arrears was a continuing cause of action. Accordingly, the Court properly included, in its damage award, arrears up to the date of the order