15/06/2020 – Jurisdiction Alberta
Part 70 published on 01/06/2020
Court of Appeal confirms right of owner to assert claim respecting common elements
Magnus (an owner in a condominium complex) sued his lawyer, Mason, for negligence in failing to properly prosecute the owner’s claim against the Developer (and as a result the claim was dismissed). The Court rejected the lawyer’s argument that Magnus had no right to assert the claim (respecting the common elements) in the first place. [See Condo Cases Across Canada, Part 69, March 2020.]
Mason appealed and the appeal was dismissed. In summary, the Court of Appeal confirmed that the owner had the right to assert the claim against the Developer (respecting the common elements).