2010

We have found 60 items matching your search query.

Jurisdiction:

(Re) Strata Plan NW2212 (British Columbia Supreme Court)

Court refuses application to amend strata plan
Jurisdiction:

Toronto Standard Condominium Corporation No. 1703 v. 1 King West Inc. (Ontario Superior Court of Justice)

Appeal Court confirms that claim for fraudulent conveyance was out of time
Jurisdiction:

Metropolitan Toronto Condominium Corporation No. 710 v. Metropolitan Toronto Condominium Corporation No. 710 (Ontario Superior Court of Justice)

Court orders that requisitioned meeting be deferred pending hearing of application to appoint administrator (but imposes terms)
Jurisdiction:

Nipissing Condominium Corporation No. 4 v. Kilfoyl (Ontario Court of Appeal) March 19, 2010

Court upholds definition of “family” contained in condominium declaration. Occupants had to be related
Jurisdiction:

Condominium Plan No. 822 2909 v. 837023 Alberta Ltd. (Alberta Court of Queen's Bench)

Owner operating a restaurant ordered to comply with condominium by-laws
Jurisdiction:

Maverick Equities Inc. v. Condominium Plan No. 942 2336 (Alberta Court of Queen's Bench)

Board not unreasonable in demanding damage deposit prior to work by owner
Jurisdiction:

Barth v. Axxess (Summerwood SP) Developments Inc. (Provincial Court of Alberta)

Purchaser entitled to rescind agreement and entitled to return of deposit
Jurisdiction:

The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight (Court of Appeal for British Columbia)

Strata corporation entitled to extension of limitation period The Strata corporation had started a Court action one day after expiry of the two-year limitation period.  The lower Court granted an extension of the limitation period [see Condo Cases across Canada, Part 19, September 2007].  The lower Court’s decision was upheld on appeal.  The Court of Appeal said that Sections 171 and 172 of the Strata Property Act (which require that the strata corporation obtain authorization by resolution passed by a three-quarter vote, before bringing an action) constitute a “statutory impediment” resulting in a postponement of the limitation period pursuant to Section (6)(4)(b) of the Limitations Act.  The Court said that Section 173.1 of the Strata Property Act (which states that any action commenced without complying with Sections 171 and 172 is not void) does not remove the statutory impediment. The Owners, Strata Plan LMS 2940 v. Squamish Whistler Expres