Part 30 published on 01/05/10
Strata corporation entitled to extension of limitation period
The Strata corporation had started a Court action one day after expiry of the two-year limitation period. The lower Court granted an extension of the limitation period [see Condo Cases across Canada, Part 19, September 2007]. The lower Court’s decision was upheld on appeal. The Court of Appeal said that Sections 171 and 172 of the Strata Property Act (which require that the strata corporation obtain authorization by resolution passed by a three-quarter vote, before bringing an action) constitute a “statutory impediment” resulting in a postponement of the limitation period pursuant to Section (6)(4)(b) of the Limitations Act. The Court said that Section 173.1 of the Strata Property Act (which states that any action commenced without complying with Sections 171 and 172 is not void) does not remove the statutory impediment.