Whitehorse Condominium Corporation No. 95 v. 37724 Yukon Inc. (Yukon Supreme Court)

Whitehorse Condominium Corporation No. 95 was originally registered as containing only detached single family dwellings.  The developer sought to add a further phase to the condominium, containing two apartment buildings.  The Court held that this proposed phase contravened the original plan and the provisions in the declaration which permitted only “private single-family residences”.  Therefore, the new construction required amendments to the declaration and plan, which could not proceed without the consent of all owners.  The Court ordered the developer to cease the construction.