Part 24 published on 01/11/08
Appeal dismissed – trial Court properly determined square footage of unit
The trial Court ordered a reduction of the purchase price to reflect the actual area of the unit (1,500 square feet) as compared to the area stated in the listing agreement (1,823 square feet). The plaintiff appealed and the defendant cross-appealed.
All appeals were dismissed and the trial Judge’s decision was upheld. The Court said that, in concluding that the actual area of the unit was 1,500 square feet, the trial Judge had not made any error of law or any palpable and overriding error of fact or of mixed fact and law.
The Appeal Court also noted that there is confusion and debate in the condominium industry with respect to the calculation of square footage in that there is more than one method of calculation used in the industry. According to the Court, this confusion could be greatly reduced if the Condominium Act specified how unit boundaries in a condominium are to be determined, and the guidelines of the Winnipeg Real Estate Board were clearer about determining the actual living area of a condominium.