Part 38 - 01/05/2012
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Jurisdiction: Part 38 - 01/05/2012
HOT TOPIC: ANOTHER COURT HAS ORDERED THE SALE OF A UNIT OWNED BY A DISRUPTIVE OWNER
But this appears to be a first for B.C. Here’s my summary of the case:
Jurisdiction: Québec 2012 Part 38 - 01/05/2012
9151-8340 Qu̩bec inc. v. Syndicat des copropri̩taires du 2010 de la Montagne (Quebec Court of Appeal)
Owner not permitted to place monthly fees in trust when owner challenging the validity of a common expense increase.
The Owner disputed the validity of an increase in monthly fees and asked that her monthly fees be placed into trust pending investigation of the validity of the increase. The Court declined the Owner’s request.
9151-8340 Qu̩bec inc. v. Syndicat des copropri̩taires du 2010 de la Montagne.pdf
Jurisdiction: Québec 2012 Part 38 - 01/05/2012
Syndicat de copropri̩t̩ Domaine Quatre-Saison, phase II v. Gigu̩re, (Quebec Provincial Court)
Legal costs of Syndicat, for collection of unpaid common expenses, must be reasonable.
Jurisdiction: Alberta 2012 Part 38 - 01/05/2012
Morris v. Condominium Corp. No. 074 0215 (Alberta Master)
Court orders appointment of investigator
Jurisdiction: Ontario 2012 Part 38 - 01/05/2012
1420041 Ontario Inc. v. 1 King West Inc. (Ontario Court of Appeal)
Owners have the right to assert certain types of claims respecting the common elements
Jurisdiction: Ontario 2012 Part 38 - 01/05/2012
Carleton Condominium Corp. No. 396 v. Burdet (Ontario Court of Appeal)
Dispute relating to arrears of common expenses and related lien rights. Appeal dismissed
Jurisdiction: Québec 2012 Part 38 - 01/05/2012
Syndicat de copropri̩taires Ilot St-Nicolas phase III v. Savard (Quebec Provincial Court)
Owner ordered to pay common expenses, but interest rate reduced and penalty cancelled
Jurisdiction: New Brunswick 2012 Part 38 - 01/05/2012
Westmoreland County Condominium Corp. No. 29 v. Estabrooks (New Brunswick Court of Appeal)
Owner/developer ordered to complete unit
Jurisdiction: Ontario 2012 Part 38 - 01/05/2012
Toronto Common Element Condominium Corp. No. 1508 v. Stasyna (Ontario Superior Court)
Owners of POTLs ordered to reverse their changes made to the common elements
Jurisdiction: Alberta 2012 Part 38 - 01/05/2012
Condominium Corp. No. 042 5636 v. Chevillard (Alberta Master)
Fines not properly levied by Condominium Corporation. Corporation also not entitled to costs for application to remove dog that had already been removed
Jurisdiction: Ontario 2012 Part 38 - 01/05/2012
Boily v. Carleton Condominium Corp. 145 (Ontario Superior Court)
Condominium corporation ordered to pay owner’s legal costs as a result of corporation’s failure to honour settlement agreement (respecting common element modifications)
Jurisdiction: Alberta 2012 Part 38 - 01/05/2012
Condominium Plan No. 8210034 v. King (Alberta Master)
“Test Case.” Alberta Master sets out general principles respecting the collection rights of Alberta condominium corporations