Part 43 – 01/09/2013 « parts

Small claims court does not have jurisdiction to deal with owner’s claim for damages due to strata corporation’s alleged failure to repair or maintain the common property

Jurisdiction: Alberta 2013 Part 43 - 01/09/2013

Canalta Construction Co. v. Dominion of Canada General Insurance Company (Alberta Queen's Bench)

Developer-Builder’s insurer must defend claim by condominium corporation

Jurisdiction: Alberta 2013 Part 43 - 01/09/2013

GC Capital Inc. v. Condominium Corporation No. 0614475 (Alberta Queen's Bench)

Director of corporate developer might be personally liable to condominium corporation in relation to lease of heating and cooling equipment

Jurisdiction: British Columbia 2013 Part 43 - 01/09/2013

Abdoh v. Owners, Strata Plan KAS 2003 (B.C. Supreme Court)

Strata corporation not obligated to enforce by-law where breach is trifling or benign

Jurisdiction: Alberta 2013 Part 43 - 01/09/2013

Condominium Plan No. 0715560 v. Le Beau Developments Inc. (Alberta Queen’s Bench)

Court action respecting building deficiencies stayed pending the results of the arbitration under the National Home Warranty Certificate

Jurisdiction: Ontario 2013 Part 43 - 01/09/2013

York Condominium Corporation No. 62 v. Superior Energy Management (Ontario Superior Court)

Although fixed-price contract for gas supply was void, condominium corporation’s resulting claims were out of time (due to expiry of limitation period)