A recent Saskatchewan case offers some general principles on by-law interpretation that I think may apply to condominiums across Canada. In the Saskatchewan case, the Court said that the Board’s interpretation of the corporation’s by-laws will govern, unless that interpretation is unreasonable. The Court also said that principles of contract interpretation do not apply to by-law interpretation. As such, the intentions of the parties involved in the preparation and confirmation of the by-law were not relevant. Here’s the case:
Tofin v. Spadina Condominium Corporation (Saskatchewan Court of Queen’s Bench)