Part 39 published on 01/08/12
Court of Appeal reverses Order for sale of Unit.
At the lower Court, the Strata Corporation successfully obtained an Order for sale of the Owner’s Unit. [See Condo Cases Across Canada, Part 38, May 2012.] The Owner appealed to the Court of Appeal.
The Court of Appeal held that the Court did not have jurisdiction, under s. 173 of the Strata Property Act, to order the sale of a unit. The Court of Appeal therefore overturned the Order for sale of the unit, and instead granted injunctive relief as follows: While in possession of the Unit, Ms Jordison and her son would be required to abide by the Strata Property Act and Regulations as well as the By-laws and Rules of the Strata Corporation; and they were specifically restrained from making loud noises or obscene gestures or uttering any abusive or obscene comments directed at any member of Strata Plan LMS 2768 or their families.
The Court of Appeal left open the possibility that failure to observe this injunction might then allow the Strata Corporation to apply for an Order directing the sale of the unit (based upon remedies for contempt of Court). However, the Court of Appeal said that this possibility was “best left for future argument and consideration”.