Part 24 - 01/11/2008

We have found 11 items matching your search query.

Jurisdiction:

HOT TOPIC: DIRECTORS AND OFFICERS LIABILITY INSURANCE

This topic was mentioned in Condo Cases Across Canada, Part 15 (August 2006). At that time, I pointed out that D&O insurance generally will not cover a claim if the potential for the claim was known before the commencement of the insurance policy. This is one of the important principles discussed in the case of Boland v. Allianz Insurance Company of Canada. The good news is that the Court of Appeal (in the Boland case) has confirmed that the “effective date of the policy” for these purposes is the commencement of the very first policy (if the insurer has provided continuous coverage by means of a series of policies). In any event, I recommend the following cautionary practice: If you know of a potential D&O claim, it may be best (if possible) not to change D&O insurers.
Jurisdiction:

Syndicat des copropri̩taires de l'Usine Mont-Royal c. 9119-7129-Qu̩bec Inc. (Quebec Superior Court)

Earlier settlement did not prevent new claim respecting new defects
Jurisdiction:

York Condominium Corp. No. 414 v. Unit Owners and Mortgagees of York Condominium Corp. No. 414 (Ontario Superior Court of Justice)

No meeting of the unit owners pending application to appoint administrator
Jurisdiction:

Olschewski v. 520 Portage Avenue Ltd. (Manitoba Court of Appeal)

Appeal dismissed – trial Court properly determined square footage of unit
Jurisdiction:

Bea v. Strata Plan LMS 2138 (British Columbia Supreme Court)

Strata corporation properly assigned parking spaces by by-law
Jurisdiction:

Boland v. Allianz Insurance Company of Canada (Ontario Court of Appeal)

Appeal allowed. D&O insurer obligated to defend director
Jurisdiction:

ARC Accounts Recovery Corporation v. Westmorland Condominium Corporation No. 48 (Queen's Bench of New Brunswick)

Owner not prevented from using designated visitors parking area
Jurisdiction:

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

Appeal dismissed – condominium corporation did not have authority to assert certain claims
Jurisdiction:

Kaufmann v. Strata Corporation Plan 770 (Supreme Court of British Columbia)

Common element modifications subject to municipal approval
Jurisdiction:

Metropolitan Toronto Condominium Corporation No. 932 v. Lahrkamp (Ontario Superior Court of Justice)

Owner restrained due to owner’s harassment of management staff and a member of the Board
Jurisdiction:

Wiener v. Strata Corporation KAS 1354 (Supreme Court of British Columbia)

Garage conversions contravene by-law. Administrator appointed