Part 21 - 01/02/2008

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Jurisdiction:

HOT TOPIC: WHAT IS THE RIGHT OF ONTARIO CONDOMINIUM CORPORATIONS TO SUE ON BEHALF OF THEIR UNIT OWNERS?

A recent Ontario Superior Court decision raises serious questions about the rights of Ontario condominium corporations to sue on behalf of their unit owners. The decision is under appeal – so we will be receiving a higher ruling on the point. This issue is as follows.
Jurisdiction:

Toronto Standard Condominium Corporation No. 1703 v. 1 King West Inc. (Ontario Supreme Court of Justice)

Condominium Corporation lacks the authority to assert certain claims on behalf of unit owners
Jurisdiction:

Jaworoski v. Peel Condominium Corporation No. 452 (Ontario Superior Court of Justice)

Part 21 published on 01/02/08 Court upholds validity of lien
Jurisdiction:

Kolias v. Owners Condominium Plan 309 CDC (Alberta Court of Queen's Bench)

Restrictive covenant upheld
Jurisdiction:

Bahadoor v. York Condominium Corporation No. 82 (Ontario Superior Court of Justice)

Administrator discharged and legal costs approved
Jurisdiction:

Middlesex Condominium Corporation No. 185 v. Roney Construction Limited (Ontario Supreme Court of Justice - Divisional Court)

Court refuses to entertain judicial review of Arbitration decision
Jurisdiction:

Brooker v. Independence Way Inc. (Superior Court of Justice - Divisional Court - Ontario)

Change in location of furnace constituted a fundamental change to the agreement of purchase and sale
Jurisdiction:

Niagara North Condominium Corporation No. 125 v. Joanne Kinslow (Superior Court of Justice - Ontario)

Court upholds “no pets” provision in Declaration, and also finds no discrimination.
Jurisdiction:

York Region Condominium Corporation No. 890 v. 1610875 Ontario Ltd. (Ontario Supreme Court of Justice)

Disagreement respecting Declaration subject to mandatory mediation and arbitration under Section 132 of the Act