Part 23 - 01/09/2008

We have found 16 items matching your search query.

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HOT TOPIC: SEPARATE CONSTRUCTION DEFECTS CAN GIVE RISE TO SEPARATE CAUSES OF ACTION

A recent Ontario decision may be of interest across Canada. In the case of Grey Condominium Corporation No. 27 v. Blue Mountain Resorts Limited, the Court held that, in a case involving defective construction, there is a separate limitation period with respect to each independently discoverable defect, whether or not the defects were caused by a single act of negligence.
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Peter Kane v. The Owners Strata Plan LMS 2373 (Supreme Court of British Columbia)

Strata corporation met its obligations respecting records
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Italiano vs. Toronto Standard Condominium Corporation No. 1507 (Ontario Supreme Court of Justice)

Costs of arbitration added to unsuccessful owner’s common expenses
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The Owners, Strata Plan NW 499 v. Kirk (Supreme Court of British Columbia) (June 13, 2008)

Age restriction in strata corporation by-law valid and enforceable
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Maverick Equities Inc. v. The Owners Condominium Plan 9422336 (Alberta Court of Appeal)

Dispute relating to a proposed mezzanine
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Toronto Standard Condominium Corporation No. 1510 v. John Wayne McCauley and Anne McCauley (Ontario Supreme Court of Justice)

Condominium corporation’s evidence insufficient
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Shaw Cablesystems Limited v. Concorde Pacific Group Inc. (British Columbia Court of Appeal)

Appeal dismissed – statutory easements do not give owners absolute rights to install services or facilities in the common property
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B.P.Y.A. 1163 Holdings Ltd. V. The Owners, Strata Plan VR 2192 (Supreme Court of British Columbia)

Parking stalls not properly allocated by strata corporation
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Grey Condominium Corporation No. 27 v. Blue Mountain Resorts Limited

Separate limitation period for each independantly discoverable construction defect
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Mancuso vs. York Condominium Corporation No. 216 (Ontario Supreme Court of Justice)

Charges for bulk cable television service properly added to common expenses
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McDonald vs. Halifax County Condominium Corporation No. 9 (Nova Scotia Small Claims Court)

Owner responsible to repair and to insure unit
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Shaw v. The Owners Strata Plan LMS 3972 et al (Supreme Court of British Columbia)

Court agrees to reallocate water and sewer expenses