Part 37 - 01/02/2012
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Jurisdiction: Part 37 - 01/02/2012
HOT TOPIC: HUMAN RIGHTS AND THE OBLIGATIONS OF THE DISABLED RESIDENT
A recent Ontario case refers to what I would call “dual obligations” in the case of a human rights complaint. The Court confirms the obligations of condominium corporations to accommodate a resident’s disability, but the Court also refers to the obligations of the resident who is making the request. The Court says that the resident must not only provide medical proof of the disability, but must also provide “evidence to establish that the accommodation is required”. The Court appears to be saying that the resident must make reasonable efforts to explore any possible alternatives, before coming to the conclusion that the requested accommodation is necessary in order to allow the resident to live in the unit. And the resident must provide some supporting evidence that the requested accommodation is the necessary alternative. Here’s my summary of the case:
Jurisdiction: Alberta 2012 Part 37 - 01/02/2012
Condominium Corporation No. 0321365 v. MCAP Financial Corporation (Alberta Court of Appeal)
Appeal allowed in part. There were genuine issues for trial respecting claims against the developer’s lender
Jurisdiction: Ontario 2012 Part 37 - 01/02/2012
Hakim v. Toronto Standard Condominium Corporation No. 1737 (Ontario Superior Court)
No oppression of owners. Parking provisions reasonably enforced
Jurisdiction: British Columbia 2012 Part 37 - 01/02/2012
Lee v. Strata Plan 4082 Strata Corp. (British Columbia Human Rights Tribunal)
Employee’s termination by strata council constituted violation of Human Rights
Jurisdiction: Ontario 2012 Part 37 - 01/02/2012
Durham Condominium Corp. No. 187 v. Morton (Ontario Superior Court)
Court orders removal of dogs. Selective enforcement was justified
Jurisdiction: Ontario 2011 Part 37 - 01/02/2012
Channa v. Carleton Condominium Corporation No. 429 (Ontario Superior Court)
Court deals with condominium corporation’s collection rights. Owner also ordered to enter into agreement respecting unauthorized modification to common elements
Jurisdiction: Québec 2011 Part 37 - 01/02/2012
Bedard v. Bourbonnais (Quebec Superior Court)
Court declines to alter common expense contributions in Declaration
Jurisdiction: Ontario 2011 Part 37 - 01/02/2012
Peel Condominium Corporation No. 542 v. Gorgiev (Ontario Superior Court)
Owner ordered to reinstate exclusive-use lawn area. Corporation not obligated, under Human Rights law, to permit extra parking space constructed by owner
Jurisdiction: British Columbia 2011 Part 37 - 01/02/2012
Elahi v. Strata Plan VR 1023 (British Columbia Supreme Court)
Court determines maintenance obligations in relation to modifications to limited common property
Jurisdiction: British Columbia 2011 Part 37 - 01/02/2012
Owners, Strata Plan KAS 3485 v. 0703008 B.C. Ltd. (British Columbia Supreme Court)
Strata fees payable from date of deposit of phase plan
Jurisdiction: Ontario 2011 Part 37 - 01/02/2012
L.I.U.N.A., Local 183 v. York Condominium Corporation No. 365 (Ontario Labour Relations Board)
Union certified for condominium employees
Jurisdiction: Alberta 2011 Part 37 - 01/02/2012
Condominium Plan No. 762 1828 v. Marusyn (Alberta Court of Appeal)
Appeal dismissed. Condominium corporation granted access to unit to carry out common element repairs (to exterior doors)