2005 « years « Condo Cases

Ranftl v. The Owners, Strata Plan VR 672 (December 19, 2005)

Powers of administrator expanded The court had previously appointed an administrator to attend to some of the affairs of the Strata Corporation. One of the owners subsequently applied for an extension of the administrator’s authority. The Court granted the application. The Court noted that the small Strata Corporation (6 Strata lots) was dysfunctional and ordered that the administrator’s authority be expanded to include all of the powers and duties of the Strata council. Ranftl v. The Owners, Strata Plan VR 672.pdf

Jurisdiction: Ontario 2005 Part 13 - 01/02/2006

York Region Condominium Corporation No. 968 v. Schickendanz Bros. Ltd.

Clause purporting to delay common expenses not valid

Jurisdiction: British Columbia 2005 Part 14 - 01/05/2006

Aviawest Resort Club v. The Owners, Strata Plan LMS 1863 et al

Appointment of administrator extended

Jurisdiction: British Columbia 2005 Part 13 - 01/02/2006

Valana v. Law

Jurisdiction of Small Claims Court in matter involving strata property issues

Jurisdiction: Ontario 2005 Part 14 - 01/05/2006

Metropolitan Condominium Corporation No. 949 v. Staib [See Condo Cases Across Canada, Part 13 (February 2006)] (November 25, 2005 Ontario Court of Appeal)

Supreme Court of Canada refuses leave to appeal In this case, the Trial Court had declined to enforce a “No Pets” provision in a declaration in circumstances where the condominium corporation was deemed have been aware of the presence of a cat in a unit, but was too slow in taking steps to require the cat’s removal. The decision was upheld by the Ontario Court of Appeal. The condominium corporation then sought leave to appeal to the Supreme Court of Canada. Leave to appeal was refused by the Supreme Court of Canada in April 2006, with costs awarded to the owner. Metropolitan Toronto Condominium Corporation No. 949 v. Staib (Appeal).pdf