Hillview Park Condominium Corporation 8120257 v. Exit Realty Fort McMurray (Alberta Provincial Court)

The management contract between the parties was terminated by notice delivered by the condominium corporation.  The Court determined that the notice was not sufficient (ie. not as required by the terms of the contract) and awarded the manager damages in the amount of the lost management fees during a proper notice period. 

The Court also considered the manager’s obligation to return items belonging to the condominium corporation.  In that regard, the Court held as follows: 

• The manager was obligated to return a filing cabinet belonging to the condominium corporation.

• The contract did not specifically say that the manager had to return the digital electronic database.  The database information was otherwise available in the hard files which had been turned over by the manager.  Therefore, the condominium corporation was not entitled to recover the cost that it had incurred to re-create the electronic database.

• Other items claimed by the corporation were not proven to be in the manager’s possession.  [The manager’s evidence was that it had turned over everything else related to the corporation.]  Therefore, the Court declined to make any orders respecting other items demanded by the condominium corporation.