Part 36 - 01/12/2011
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Jurisdiction: Part 36 - 01/12/2011
HOT TOPIC: ESTOPPEL CERTIFICATES/STATUS CERTIFICATES
We know from other cases that condominium corporations may need to disclose unit defects (of which the corporation is aware) in an estoppel certificate/status certificate issued by the corporation. But a recent Ontario case has confirmed that condominium corporations are not obligated to inspect the unit before issuing a status certificate. Here’s the summary:
Jurisdiction: British Columbia 2011 Part 36 - 01/12/2011
The Owners, Strata Plan NES 97 v. Timberline Developments Ltd. (Court of Appeal for British Columbia)
Trial decision upheld on appeal. Hot tubs were common facilities
Jurisdiction: Ontario 2011 Part 36 - 01/12/2011
Metropolitan Toronto Condominium Corporation No. 1272 v. Beach Development (Phase II) Corp. (Ontario Court of Appeal)
Appeal dismissed. Absence of cost-sharing agreement did not constitute oppression
Jurisdiction: Alberta 2011 Part 36 - 01/12/2011
Condominium Corporation No. 0425177 v. Jessamine (Court of Queen's Bench of Alberta - Master in Chambers)
Legal costs related to common expense collections cannot be added to lien. They can only be the subject of an unsecured claim against the owner
Jurisdiction: Alberta 2011 Part 36 - 01/12/2011
The Owners: Condominium Plan No. 872287 v. Callaghan (Court of Queen's Bench of Alberta - Master in Chambers)
Condominium corporation has no right to lien for recovery of “individual obligation”
Jurisdiction: British Columbia 2011 Part 36 - 01/12/2011
Armanowski v. Strata Corporation, Strata Plan LMS 2151 (British Columbia Provincial Court)
Owners claims could not be asserted in Provincial (Small Claims) Court
Jurisdiction: Ontario 2011 Part 36 - 01/12/2011
Carleton Condominium Corporation No. 396 v. Burdet etal (Ontario Superior Court of Justice)
Dispute relating to arrears of common expenses and related lien rights
Jurisdiction: Québec 2011 Part 36 - 01/12/2011
Turbis v. Syndicat des copropriétaires les Dauphins sur le parc (Cour Du Québec- Quebec Small Claims Court)
The syndicat’s insurance does not cover loss of rental income
Jurisdiction: Ontario 2011 Part 36 - 01/12/2011
Metropolitan Standard Condominium Corporation No. 1352 v. Newport Beach Development Inc. (Ontario Superior Court of Justice)
Condominium corporation could pursue ordinary Court claims (in relation to building deficiencies) despite decisions by Tarion. Condominium corporation could also assert ordinary Court claim against Tarion
Jurisdiction: Alberta 2011 Part 36 - 01/12/2011
Hillview Park Condominium Corporation 8120257 v. Exit Realty Fort McMurray (Alberta Provincial Court)
Manager entitled to compensation in lieu of proper notice of termination
Jurisdiction: Ontario 2011 Part 36 - 01/12/2011
Nipissing Condominium Corporation No. 24 v. Smrke (Ontario Superior Court of Justice)
Corporation granted temporary possession of unit in order to remedy unsafe conditions
Jurisdiction: Ontario 2011 Part 36 - 01/12/2011
Orr / Rainville v MTCC 1056 and Gowlings (Ontario Superior Court of Justice)
Common element attic improperly converted to living space by original owner. Subsequent owner (purchaser) ordered to reinstate original attic. Purchaser’s lawyer liable for damages flowing from failure to discover illegal conversion of attic. Condominium corporation not liable for failure to disclose in estoppel certificate