Part 60 - 01/12/2017
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Jurisdiction: 2017 Part 60 - 01/12/2017
Condo Cases, Part 60. December 2017
Condo Cases Across Canada is an on-line library of condominium decisions from across Canada – published by the Canadian Condominium Institute, National Chapter. CCAC includes summaries of the cases, and pdf copies of the actual cases themselves. I’m delighted to be the author of the case summaries.
Each quarter, I select a handful of cases that I hope readers will find interesting. [I don’t provide summaries of every decision rendered.]
The latest issue – Part 60 – is now available on-line at the CCAC website: www.condocases.ca. The website is available to CCI members. The current password is “condocases”.
Note to readers: In B.C., condominium corporations are “strata corporations” and in Quebec, condominium corporations are “syndicates”.
James Davidson LLB, ACCI, FCCI, Davidson Houle Allen LLP Condominium Law, Ottawa
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Zordel v. MTCC No. 949 (Ontario Superior Court) September 19, 2017
Condominium corporation did not require owner involvement for the particular change of service
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Weir v. Peel Condominium Corporation No. 485 (Ontario Superior Court) October 20, 2017
Condominium corporation’s imperfect conduct did not amount to oppression
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
TSCC No. 1556 and No. 1600 v. Owners of TSCC No. 1556 (Ontario Supreme Court) November 2, 2017
Court dismisses corporations’ Application to amend Declarations
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Peel Condo Corp 166 v. Ohri (Ontario Superior Court) October 26, 2017
Mandatory mediation and arbitration applied where dispute, in essence, involved a disagreement respecting the declaration, by-laws or rules
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Peel Condominium Corporation No. 315 v. City of Brampton (Ontario Municipal Board) September 11, 2017
Owner did not have the right to apply for a minor variance in relation to the common elements
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
MTCC No. 596 v. Best View Dining Ltd. et al (Ontario Superior Court) September 19, 2017
Condominium corporation recovers expenses incurred in dealing with noise from restaurant
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Kovaleva v. Metropolitan Toronto Condominium Corporation 1000 (Ontario Human Rights Tribunal) October 25, 2017
Former President’s claim for discrimination on the basis of age dismissed.
Jurisdiction: Ontario 2017 Part 60 - 01/12/2017
Norma Wexler v. Carleton Condominium Corporation No. 28 (Ontario Divisional Court) September 25, 2017
Appeal Court drastically reduces cost award in Small Claims Court matter
Jurisdiction: Alberta 2017 Part 60 - 01/12/2017
Kay Kay Corporation v. Condominium Corporation No. 072 4807 (Alberta Court of Appeal) October 19, 2017
Court deals with distribution of sale proceeds following sale of entire condominium property
Jurisdiction: Alberta 2017 Part 60 - 01/12/2017
Yeo v. Condominium Corporation No. 062 7724 (Alberta Small Claims Court) September 14, 2017
Former Director not entitled to compensation for arranging loans for corporation
Jurisdiction: British Columbia 2017 Part 60 - 01/12/2017
The Owners, Strata Plan LMS 3259 v. Sze Hang Holding Inc. (BC Court of Appeal) October 12, 2017
Court confirms strata corporation’s rights in relation to violation of by-laws; but reverses certain fines that were inconsistently charged against some owners but not others