Part 48 - 01/11/2014

We have found 18 items matching your search query.

Jurisdiction:

HOT TOPIC: ONTARIO DEVELOPER PLACES LIMITS UPON ITS POTENTIAL LIABILITY

A recent Ontario decision deals with a novel procedure by which a developer was able to place limits upon its potential liability. Here’s my summary of the case.
Jurisdiction:

Condominium Plan No 052 6233 v. Seehra (Alberta Court of Queen's Bench)

Corporation’s costs incurred due to grow-up were added to the unit owner’s common expenses, in priority to the mortgage
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Boily v. Carleton Condominium Corporation No. 145 (Ontario Court of Appeal)

Condominium directors found in contempt; but Court of Appeal reduces penalty and costs
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Toronto Standard Condominium Corporation No. 2095 v. West Harbour City (I) Residences Corp. (Ontario Court of Appeal)

Appeal dismissed. Agreement to limit developer’s liability, entered into by developer-controlled Board, found binding and enforceable.
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Toronto Standard Condominium Corp. No. 1908 v. Stefco Plumbing & Mechanical Contracting Inc. (Ontario Court of Appeal)

Appeal dismissed. Condominium corporation not entitled to lien for “old” arrears
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Menzies v. Strata Plan NW2924 (British Columbia Provincial Court)

Owners can proceed with claim against strata corporation for alleged damages caused by corporation’s building envelope repairs
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Condominium Plan No 052 6233 v. Seehra (Alberta Court of Queen's Bench)

Corporation’s costs incurred due to grow-up were added to the unit owner’s common expenses, in priority to the mortgage
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Metropolitan Toronto Condominium Corporation No. 965 v. Metropolitan Toronto Condominium Corporation Nos. 1031 and 1056 (Ontario Superior Court)

Despite claim for oppression, mandatory mediation and arbitration may apply to dispute respecting shared facilities agreement
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Carol v. Shiu Pong Management Limited and York Region Standard Condominium Corporation 1190 (Ontario Human Rights Tribunal)

No proof of discrimination based upon a prohibited ground
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Calgary Jewish Academy v. Condominium Plan 9110544 (Alberta Court of Appeal)

Appeal allowed. Lease of common property declared valid and binding
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Bouchard v. Syndicat des Coproprietaires le Val-Des-Arbres (Quebec Small Claims Court) (September 8, 2014)

Board did not have knowledge of increase when information released to Plaintiff. Plaintiff not entitled to avoid special assessment
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Taite v. Carleton Condominium Corporation No. 91 (Ontario Human Rights Tribunal)

No settlement of Human Rights claim