Part 28 - 01/11/2009

We have found 16 items matching your search query.

Jurisdiction:

HOT TOPIC: "FAMILY"

Ontario has seen a flurry of cases respecting the meaning of the terms “family” and “single-family residence”. The cases also include important consideration of the appropriate decision-making forum for each dispute [Court? Mediation & Arbitration? Human Rights Tribunal?]. As you will see, the picture is not yet complete…
Jurisdiction:

Nipissing Condominium Corp. No. 4 v. Simard (Ontario Court of Appeal)

No mandatory mediation and arbitration where dispute involves owner AND tenants.
Jurisdiction:

Liverman v. Manaster (Court of Quebec - Civil Division)

Owner permitted to sue another owner
Jurisdiction:

Kabatoff v. Strata Corp. NW 2767 (British Columbia Human Rights Tribunal)

Second hand smoke MAY give grounds for human rights complaint against strata corporation
Jurisdiction:

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

Condominium corporation seeks to add a Defendant and to add claims for fraudulent conveyance of mortgages, breach of fiduciary duty, and constructive trust
Jurisdiction:

Srata Plan NW971 v. Daniels (British Columbia Supreme Court)

Strata corporation entitled to sell strata lots of owner in default
Jurisdiction:

Nipissing Condominium Corporation No. 4 v. Kilfoyl (Ontario Superior Court of Justice)

Court upholds definition of “family” contained in condominium declaration. Occupants had to be related.
Jurisdiction:

Halton Condominium Corporation No. 59 v. Howard. (Ontario Superior Court of Justice)

Condominium corporation’s application for appointment of an arbitrator (to resolve dispute pursuant to the Condominium Act, 1998) not stayed in the face of owner’s application to Human Rights Tribunal
Jurisdiction:

Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (Supreme Court of Canada - Leave to Appeal Granted) (August 27, 2009)

Question as to insurers duty to defend under commercial general liability policies. Leave to appeal to the Supreme Court of Canada granted
Jurisdiction:

Condominium Corporation No. 8110264 v. Farkas (Alberta Court of Queen's Bench)

Court refuses to evict owner for by-law violations
Jurisdiction:

Gordon v. AWM-Alliance and the Owners, Strata Plan BCS 1461 (British Columbia Human Rights Tribunal)

No discrimination in termination of strata corporation caretaker
Jurisdiction:

Fisher v. Marquis Condominium Corporation, (Provincial Court of Alberta)

Condominium corporation not responsible for damage to vehicle