Part 23 published on 01/09/08
Strata corporation did not act with sufficient haste
This is a dispute between the petitioner and the strata corporation about whether or not the corporation has properly fulfilled its repair and maintenance responsibilities.
At the initial hearing, the Court held that the strata corporation had generally fulfilled its repair and maintenance responsibilities. [See Condo Cases Across Canada, Part 19, September 2007] The petitioner was subsequently successful on an application to have the matter re-opened in order to allow the petitioner an opportunity to adduce further evidence of the corporation’s failure to properly maintain and repair the building.
At a further hearing, the Court agreed that the strata corporation had failed to arrange for required work with sufficient haste. The Court also agreed that water damage may have been caused to the petitioner’s strata lot as a result. However, before making any specific orders, the Court said that it required “evidence of what work is reasonable and necessary, what is required for that work and the commitment of the petitioner not to interfere with the work”. The Court said that the “petitioner will have liberty to apply for such further orders or directions as maybe reasonable to necessary to cause the respondent to comply with its statutory duties”.