Part 51 - 01/08/2015
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Jurisdiction: Part 51 - 01/08/2015
HOT TOPIC: when can the police gain access to the common elements?
HOT TOPIC: when can the police gain access to the common elements? The Ontario court of appeal has upheld a lower court ruling that the police have no right to gain access to a condominium’s common elements without permission or a warrant (except perhaps in cases of “hot pursuit”). Here’s my summary of the court of appeal’s decision:
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Middlesex Condominium Corporation 229 v. WMJO Limited (Ontario Superior Court)
Owners of units obligated to share in costs of joint sewage facilities
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
R. v. White (Ontario Court of Appeal)
Police illegally entered onto condominium’s common elements
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Carleton Condominium Corp. No. 25 v. Patrick Eagan (Ontario Superior Court)
Owner failed to meet obligations to repair and maintain unit, including failure to prepare unit for bed bug treatment
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Toronto Common Elements Condo. Corp. No. 2041 v. Toronto Standard Condo. Corp. No. 2051 (Ontario Superior Court)
Common elements condominium corporation’s claim for common expense arrears partially dismissed and partially referred to mediation and arbitration
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
York Condominium Corporation No 41 v. Schneider (Ontario Superior Court)
Owners not in compliance with previous Court order requiring that unit be cleaned
Jurisdiction: British Columbia 2015 Part 51 - 01/08/2015
585582 B.C. Ltd. v. Anderson (B.C. Court of Appeal)
Restrictive covenant void for uncertainty
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Simcoe Condominium Corporation No. 89 v. Dominelli (Ontario Superior Court)
Owner must remove dog that exceeds 25 pounds. No Human Rights entitlement
Jurisdiction: Alberta 2015 Part 51 - 01/08/2015
Alberta Residential Corporation v. Certain Lloyd's Underwriters (Alberta Court of Appeal)
The unit boundary is not the whole unit
Jurisdiction: Alberta 2015 Part 51 - 01/08/2015
Zul K. Verjee Professional Corporation v. Condominium Corporation No. 9012335 (Alberta Court of Queen's Bench)
Board improperly determined common expenses
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Simcoe Vacant Land Condominium Corporation No. 272 v. Blue Shores Developments Ltd. (Ontario Court of Appeal)
Appeal dismissed. Declarant not yet obligated to convey clubhouse
Jurisdiction: Ontario 2015 Part 51 - 01/08/2015
Liu v. Metropolitan Toronto Condominium Corporation No. 541 (Ontario Human Rights Tribunal)
Condominium corporation failed to comply with settlement agreement respecting the use of recreational facilities