Part 50 - 01/05/2015
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Jurisdiction: Part 50 - 01/05/2015
HOT TOPIC: THE DEFINITION OF FAMILY AND A FINDING OF BAD FAITH. THE DILEMMA OF THE DISSENTING DIRECTOR.
HOT TOPIC: THE DEFINITION OF FAMILY AND A FINDING OF BAD FAITH. THE DILEMMA OF THE DISSENTING DIRECTOR. A recent case in Ontario, dealing with a condominium’s struggles to establish a definition of “family”, included a finding that one of the directors had acted in bad faith. The case deals with the responsibilities – and the dilemma – of the dissenting director. Here’s my summary of the case:
Jurisdiction: Alberta 2015 Part 50 - 01/05/2015
Condominium Corporation No. 0524877 v. Bonner (Alberta Court of Queen's Bench)
Condominium corporation entitled to summary judgment for unpaid condominium fees. Owner’s counterclaim dismissed
Jurisdiction: Ontario 2015 Part 50 - 01/05/2015
Ballingall v. Carleton Condominium Corporation No. 111 (Ontario Superior Court)
Condominium corporation given opportunity to pass rule to establish definition of family. One of the directors found to have acted in bad faith
Jurisdiction: Alberta 2015 Part 50 - 01/05/2015
Owners: Condominium Plan No. 762 1302 v. Stebbing (Alberta Court of Queen's Bench)
On appeal, cat permitted to stay as a grandfathered pet
Jurisdiction: Alberta 2015 Part 50 - 01/05/2015
Condominium Corporation No. 0312235 v. Scott (Alberta Court of Queen's Bench)
By-Law to force participation in rental pool not valid
Jurisdiction: British Columbia 2015 Part 50 - 01/05/2015
Getzlaf v. The Owners, Strata Plan VR 159 (British Columbia Supreme Court)
Owner had no right to install privacy screen
Jurisdiction: Ontario 2015 Part 50 - 01/05/2015
Carleton Condominium Corporation No. 396 v. Burdet (Ontario Superior Court)
Court awards full costs to condominium corporation
Jurisdiction: Québec 2015 Part 50 - 01/05/2015
Lamoureux v. Syndicat des coproprietes Fairfreen Acres (Small Claims Court)
Small Claims Court does not have jurisdiction to rule on validity of board’s decisions, resolutions, or rules
Jurisdiction: Alberta 2015 Part 50 - 01/05/2015
Bank of Montreal v. Bala (Alberta Court of Queen's Bench)
Court determines collection rights of condominium corporation
Jurisdiction: Québec 2015 Part 50 - 01/05/2015
Syndicat de la copropriete Pre-Vert Sainte-Famille v. Garantie renovation Reno-Maitre Association provincial des constructeurs d?habitations du Quebec (the ?Garantie?) (Small Claims Court)
Provincial guarantee fund liable for damages for defects in work completed by renovation contractor at three condominium complexes
Jurisdiction: Ontario 2015 Part 50 - 01/05/2015
Toronto Standard Condominium Corporation No. 1487 v. Market Lofts Inc. (Ontario Superior Court)
Condominium corporation’s claim for recovery of amounts under shared services agreement subject to 10-year limitation period under Real Property Limitation’s Act
Jurisdiction: Ontario 2015 Part 50 - 01/05/2015
1420041 Ontario Inc. v. 1 King West Inc. (Ontario Superior Court)
Condominium corporation has no authority to release unique claims of the owners