30/04/13 – Jurisdiction Ontario
Part 19 published on 01/09/07
Storm sewers must be maintained and repaired by the Condominium Corporation served by the sewers
Part 19 published on 01/09/07
Storm sewers must be maintained and repaired by the Condominium Corporation served by the sewers
The storm waters of Wentworth Condominium Corporation No. 59 travel through a storm sewer system located on the land of Wentworth Condominium Corporation No. 12. There is a registered easement for this purpose. The Court was asked to decide who was responsible to maintain and repair the particular storm water system. The Court said that this obligation rested with Wentworth Condominium Corporation No. 59, the “beneficiary” of the storm sewer system.
The Court added that these “positive obligations” fell within one of the exceptions to the general rule that positive covenants do not “run with the land”.