Part 32 - 01/11/2010

We have found 13 items matching your search query.

Jurisdiction:

HOT TOPIC: EVICTION OF CONDO OWNER

It is only in rare cases that Courts are asked to consider eviction of a condominium owner. Over the past few months, this remedy has been considered by two Canadian Courts: One in Alberta and one in Ontario. Here are the summaries:
Jurisdiction:

Condominium Corporation 811024 v. Farkus (Alberta Court of Appeal)

Court has power to order eviction of owner, but declines to do so in this case
Jurisdiction:

Durham Condominium Corporation No. 90 v. Carol Moore and Keith Wallace (Ontario Superior Court)

Court orders owners to modify deck
Jurisdiction:

Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada (Supreme Court of Canada)

Insurer having duty to defend under commercial general liability policies
Jurisdiction:

Owners of Strata Plan NW 391 v. Forsberg (Supreme Court of British Columbia)

Owner’s rental of unit contravened corporation’s by-laws
Jurisdiction:

Arnoldo v. Halton Condominium Corporation No. 74 (Superior Court of Justice/Oakville Small Claims Court c/o Burlington Small Claims Court)

Condominium corporation not liable for damage to vehicle The plaintiff brought a claim against the condominium corporation for damages to his car, caused when the garage door fell off its track and landed on the car.  The Court held that forseeability (and therefore negligence) were not proven.  The Court therefore found that the condominium corporation was not liable under the Occupier’s Liability Act, and the claim was dismissed.  The court said: …while the occupier of the condo must take reasonable care in all circumstances, it does not mean that it is an insurer of all risks.  The standard is not perfection but reasonableness.  Arnoldo v. Halton Condominium Corporation No. 74.pdf
Jurisdiction:

Lee v. Point of View Developments (Encore) Inc. (Court of Queen's Bench of Alberta)

Builder not permitted to assign purchase agreements
Jurisdiction:

Metropolitan Toronto Condominium Corporation No.747 v. Korolekh (Ontario Superior Court of Justice)

Court orders eviction of owner due to threatening behavior
Jurisdiction:

Condominium Plan 7621828 v. Marusyn (Court of Queen's Bench of Alberta)

Condominium corporation granted access to unit to carry out common element repairs
Jurisdiction:

Park Place Condominium Corporation v. Klarissa Komarnicki (Provincial Court of Saskatchewan Civil Division)

Owner responsible for corporation’s deductible in relation to insured loss
Jurisdiction:

Mitchell v. Halton Condominium Corporation No. 499 (Ontario Human Rights Tribunal)

Human Rights process stayed in favour of Condominium Act dispute–resolution process
Jurisdiction:

Jiwan Dhillon and Co. Inc. v. Gosal (Court of Appeal for British Columbia)

Court of Appeal strikes down order prohibiting owner from standing for election