Part 40 - 01/11/2012

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Jurisdiction:

HOT TOPIC: RECOVERY OF COSTS

There have been a number of recent decisions, across Canada, about the rights of condominium corporations to recover costs from owners. Those cases tell us that full recovery may be possible in some cases (depending on the jurisdiction) provided the costs are reasonable and are properly proven. This edition of Condo Cases Across Canada contains a number of case summaries on point. Here’s my summary of one case that involved a particularly disappointing result for the condominium corporation:
Jurisdiction:

The Owners, Strata Plan LMS 4255 v. Newell (British Columbia Supreme Court)

Owner ordered to reduce noise
Jurisdiction:

Royal Bank of Canada v. Metropolitan Toronto Condominium Corporation No. 1226 (Ontario Superior Court)

Condominium corporation obligated to discharge lien. Costs to be assessed
Jurisdiction:

Maciejko v. Condominium Plan No. 9821495 (Alberta Court of Queen's Bench)

Corporation properly mandated to repair and maintain unit exteriors, but could not establish a reserve fund for this purpose
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York Region Condominium Corporation No. 890 v. RPS Resource Property Services Ltd. (Ontario Court of Appeal)

Appeal dismissed. Condominium corporation’s claim against bank denied
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Metropolitan Toronto Condominium Corporation No. 710 v. Khan (Ontario Superior Court)

Condominium corporation obtains summary judgment against fraudulent manager and related corporations
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Waterloo North Condominium Corporation No. 37 v. Silaschi (Ontario Superior Court)

Owner ordered to allow condominium corporation to remove unauthorized common element installation. Limitations Act did not apply to a breach of the Condominium Act.
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Peel Standard Condominium Corporation No. 767 v. 2069591 Ontario Inc. (Ontario Superior Court)

Condominium corporation awarded full costs (as between solicitor and client) for enforcement of Declaration.
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Durham Standard Condominium Corporation No. 187 v. Morton (Ontario Divisional Court)

Condominium corporation must clearly prove the “additional actual costs” for purposes of Section of 134(5) of the Condominium Act, 1998.
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Chubb Insurance Company of Canada v. Novex Insurance Company (Ontario Superior Court)

Condominium corporation entitled to carry out exterior unit repairs
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Condominium Plan No. 772 1985 v. McNeil (Alberta Provincial Court)

Corporation not entitled to seek recovery of costs beyond amount awarded by Court
Jurisdiction:

Jones and Letkeman vs. Baywest Management Corp. (British Columbia Provincial Court)

Strata Corporation’s manager had legal right to arrange for vehicle to be towed