Part 54 published on 01/05/16
Appeal allowed. Corporation issued inaccurate status certificate
The lower court held that a status certificate issued to the plaintiff was accurate. Although the status certificate had failed to mention an anticipated special assessment, the lower Court said that the special assessment was effectively off-set by proceeds from an expropriation. Therefore, according to the lower Court, “the net effect of all this is that the (special assessment) was not seeking any increase from owners”. [See Condo Cases Across Canada, Part 44, November 2013.]
The purchaser (who received the status certificate) appealed, and was successful on appeal. The Divisional Court said that the status certificate was not accurate, in that it failed to provide the necessary information about the special assessment and the expropriation.
In the end, the purchaser still had not suffered any loss (because the funds from the expropriation served to off-set the special assessment). The purchaser was nevertheless awarded $15,000 costs for the appeal. The Divisional Court ordered that both parties bear their own costs of the original Application.