Part 47 - 01/09/2014

We have found 17 items matching your search query.

Jurisdiction:

HOT TOPIC: COURTS ORDERING SALE OF UNITS

We are seeing more and more cases where the Courts are willing to order the eviction of an owner and/or the sale of the unit. Most recently, we’ve had a case from B.C. and two cases from Ontario. Here are the summaries:
Jurisdiction:

Gordon v. York Region Condominium Corporation No. 818 (Ontario Court of Appeal)

Appeal dismissed. By-law properly establishes procedure for removal of director by Board resolution.
Jurisdiction:

Robinson v. York Condominium Corporation No. 365 (Ontario Human Rights Tribunal)

Changes to security system did not increase electro-magnetic radiation. Owner’s human rights claim dismissed
Jurisdiction:

Foley v. The Owners, Strata Plan VR 387 (British Columbia Supreme Court)

Roof-deck extension and railing constituted a significant change, requiring a three-quarter vote
Jurisdiction:

Bank of Montreal v. Rajakaruna (Alberta Court of Queen?s Bench)

Appeal dismissed. Mortgagee not entitled to summary judgment for foreclosure. Furthermore, mortgagee’s claim dismissed in its entirety.
Jurisdiction:

Carleton Condominium Corporation No. 348 v. Chevalier (Ontario Superior Court)

Court orders eviction of owner
Jurisdiction:

Hogan v. Metropolitan Toronto Condominium Corporation No. 595 (Ontario Superior Court)

Requisition valid even if “signed” by printed names, rather than handwritten signatures.
Jurisdiction:

Legend Holding Group Ltd. v. Chen (British Columbia Supreme Court)

Strata lot owner has no right to install new service through another strata lot
Jurisdiction:

Stephenson v. Strata Corporation VIS 1419 (British Columbia Human Rights Tribunal)

Owner’s complaint respecting audibility of fire alarm could proceed
Jurisdiction:

Grigoriu v. Ottawa-Carleton Standard Condominium Corporation No. 706 (Ontario Superior Court)

Declaration amendment oppressive to Applicants
Jurisdiction:

Bea v. The owners, Strata Plan LMS2138 (British Columbia Supreme Court)

Court orders sale of unit due to owner’s contempt of Court
Jurisdiction:

Deschenes v. Dauray (Quebec Provincial Court)

No misrepresentation in relation to locker or flooding issues