Part 49 - 01/02/2015
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Jurisdiction: Part 49 - 01/02/2015
HOT TOPIC: STATUS CERTIFICATES
We now have the decision of the Ontario Court of Appeal in the Orr / Rainville matter; and it has some important things to say about status certificates. Here’s my summary of the Court of Appeal’s decision:
Jurisdiction: Ontario 2015 Part 49 - 01/02/2015
90 George Street Ltd. v. Ottawa-Carleton Standard Condominium Corporation No. 815 (Ontario Superior Court)
Condominium corporation awarded first-year budget shortfall
Jurisdiction: Ontario 2015 Part 49 - 01/02/2015
Kamal v. Peel Condominium Corporation No. 51 and Alba Property Management Inc. (Ontario Human Rights Tribunal)
Owners claim that scheduling a meeting on a religious holiday is discriminatory
Jurisdiction: British Columbia 2015 Part 49 - 01/02/2015
The Owners, Strata Plan VIS114 v. John Doe (British Columbia Supreme Court)
Court allows strata corporation to proceed with special levy and required work after special (75%) resolution failed to pass
Jurisdiction: Ontario 2015 Part 49 - 01/02/2015
Kerr v. Kings Landing Co-Tenancy Committee (Ontario Superior Court)
Central air conditioner held to be an exterior alteration
Jurisdiction: Ontario 2014 Part 49 - 01/02/2015
Carleton Condominium Corporation No. 396 v. Burdet (Ontario Superior Court)
Court determines some of the amounts owed under liens of the condominium corporation
Jurisdiction: British Columbia 2014 Part 49 - 01/02/2015
Carnahan v. The Owners Strata Plan LMS522 (British Columbia Supreme Court)
Strata corporation’s by-law procedure for administering rental limit not adequate
Jurisdiction: Québec 2014 Part 49 - 01/02/2015
Nolin v. Syndicat des copropri̩taires des condos 1787-1797 Amherst (Quebec Superior Court)
Syndicat responsible for repair and replacement of defective windows and patio door, and liable to Plaintiff for damages due to inconvenience
Jurisdiction: Alberta 2014 Part 49 - 01/02/2015
The Owners: Condominium Plan No. 802 2845 v. Haymour (Alberta Court of Queen's Bench)
Former owner granted opportunity to prove interest in the unit claimed under caveat
Jurisdiction: British Columbia 2014 Part 49 - 01/02/2015
The Owners, Strata Plan BCS 3165 v. KBK No. 11 Ventures Ltd. (British Columbia Supreme Court)
Leave to appeal arbitration award denied
Jurisdiction: Ontario 2014 Part 49 - 01/02/2015
Orr/Rainville v. Metropolitan Toronto Condominium Corp. No. 1056 (Ontario Court of Appeal)
Common element attic improperly converted to living space by original owner. Subsequent owner (purchaser) acquired unit without knowledge of “illegal” third floor. Purchaser’s lawyer liable for damages flowing from failure to discover illegal conversion of attic. Condominium corporation also liable based upon wording of estoppel certificate
Jurisdiction: British Columbia 2014 Part 49 - 01/02/2015
Radcliffe v. The Owners, Strata Plan KAS1436 (British Columbia Supreme Court)
Strata council’s failure to address water damage “significantly unfair”