Part 5 published on 01/02/04
Supreme Court of Canada landmark decision in human rights matter [Montreal Condominium]
Our readers will know that very few condominium cases ever arrive at the Supreme Court of Canada. However, later this year the Supreme Court of Canada will provide one of its rare decisions in condominium law. The Supreme Court heard the matter on January 19, 2004, and its decision is expected in the next few months.
The case involves a luxury Montreal condominium and the question is whether or not Orthodox Jews who live in the condominium have the right to install huts on their balconies – called sukkahs – for about a week each year, to celebrate a fall religious festival.
The Court is essentially being asked to draw a balance between individual human rights and the rights of the condominium community as a whole.
This will be a landmark decision in Canadian condominium law. We will report the result, when it is available, in an upcoming issue of Condo Cases Across Canada.