Ontario

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Ontario

Jurisdiction:

Tsang v. Wong (Ontario Small Claims Court)

Tenant responsible for costs payable to condominium corporation (by landlord) due to tenant’s breach of “no pets” provision in declaration
Jurisdiction:

York Region Condominium No. 890 v. RPS Resource Property Services Limited (Ontario Superior Court of Justice)

Manager misappropriated funds of condominium corporation. However, corporation’s bank was not liable
Jurisdiction:

Suttie v. MTCC No. 683 (Toronto Small Claims Court) January 14, 2011

Owner responsible for damage to unit improvement. Owner’s insurer could not assert subrogated claim against corporation
Jurisdiction:

Chan v. Toronto Standard Condominium Corporation No. 1834 (Ontario Superior Court of Justice)

Rules required that units be used only as single family residences
Jurisdiction:

Neil's Pond (Phase III) Condominium Corp. v. J.M.J. Holdings Ltd. (Newfoundland and Labrador Supreme Court, Trial Division - General Division)

Common expenses payable by developer in relation to unsold units
Jurisdiction:

1420041 Ontario Inc. v. 1 King West Inc. (Ontario Superior Court of Justice - Divisional Court)

Condominium owner has no legal capacity to assert claims respecting the common elements. Owner’s claim respecting unit damage stayed unless or until owner elects to opt out of overlapping action by condo corporation
Jurisdiction:

Durham Condominium Corporation No. 63 v. On-Cite Solutions Ltd. (Ontario Superior Court of Justice) December 2, 2010

Status certificate failed to disclose unit defect
Jurisdiction:

Swan v. Goan (Ontario Superior Court of Justice, Small Claims Court - Oshawa, Ontario)

Former director’s claims for defamation dismissed
Jurisdiction:

Corchis v. Essex Condominium Corporation No. 28 (Ontario Court of Appeal)

Condominium corporation primarily liable for damage caused by roof leak
Jurisdiction:

Metropolitan Toronto Condominium Corporation No. 1272 v. Beach Development (Phase II) Corp. (Ontario Superior Court of Justice)

Absence of cost-sharing agreement did not constitute oppression
Jurisdiction:

Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930 (Ontario Court of Appeal) November 9, 2010

Provision in declaration not an “agreement” for purposes of Section 112 of the Condominium Act
Jurisdiction:

Clark v. 1650336 Ontario Limited (McIelwain Construction), Tarion Warranty Corporation et al (Ontario Superior Court of Justice)

Tarion warranties run with the land. Also, a claimant’s only remedy against Tarion (for breach of the statutory warranties) is to pursue the statutory claims and appeal process