Part 35 - 01/09/2011

We have found 18 items matching your search query.

Jurisdiction:

HOT TOPIC: BY-LAW INTERPRETATION

A recent Saskatchewan case offers some general principles on by-law interpretation that I think may apply to condominiums across Canada. In the Saskatchewan case, the Court said that the Board’s interpretation of the corporation’s by-laws will govern, unless that interpretation is unreasonable. The Court also said that principles of contract interpretation do not apply to by-law interpretation. As such, the intentions of the parties involved in the preparation and confirmation of the by-law were not relevant. Here’s the case:
Jurisdiction:

Courthouse Block Inc. v. Middlesex Condominium Corporation No. 173 (Ontario Superior Court of Justice)

Owners’ oppression claim dismissed. Condominium corporation attended to required work in a reasonably prompt and professional way
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Imbeau v. Strata Plan NW971 (British Columbia Supreme Court)

Corporation failed to properly hold a secret-ballot vote. Special levy not properly passed
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In the Matter of a Plan of Compromise or Arrangement of Medican Holdings Ltd., Axxess (Grande Prairie) Developments Ltd., et al (Court of Queen's Bench of Alberta)

Condominium was “substantially complete” despite construction deficiencies. Proceeds of remaining sales not to be held in trust
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Syndicat des copropriétaires de Mont St. Louis v. Grochowska (Cour supérieure du Québec)

Owner’s violations could ultimately lead to a forced sale of the unit
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Tofin v. Spadina Condominium Corporation (Saskatchewan Court of Queen's Bench)

Court will defer to Board’s interpretation of by-law, unless the Board’s interpretation is unreasonable. Also, principles of contract interpretation did not apply
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MTCC No. 856 v. All Unit Owners and Mortgagees of MTCC No. 856 (Ontario Superior Court of Justice

Court agrees to appoint administrator, but prefers to appoint administrator suggested by group of owners rather than re-appointing interim administrator
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Condominium Plan No. 772 1806 v. Gobeil (Alberta Court of Queen's Bench)

Court orders condominium corporation to reconsider its decision requiring that the owners relocate their shed
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Basic v. Strata Plan LMS 0304 (Court of Appeal for British Columbia)

Strata corporation dealt reasonably with water problems. [Corporation not negligent.] Therefore, corporation not liable for owner’s alleged damages
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York Condominium Corporation No. 42 v . Hashmi (Ontario Superior Court of Justice)

When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval
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Dollan v. Strata Plan BCS 1589 (Supreme Court of British Columbia)

Corporation’s refusal to allow owner to change opaque “spandrel window” to normal vision window significantly unfair. Owner permitted to change window
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Watson v. Havaday Developments Inc. (Supreme Court of British Columbia)

Purchase agreements declared unenforceable due to developer’s failure to disclose material amendments