Part 30 - 01/05/2010

We have found 22 items matching your search query.

Jurisdiction:

The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight (Court of Appeal for British Columbia)

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. The Owners, Strata Plan LMS 2940 v. Squamish Whistler Expres
Jurisdiction:

Metropolitan Toronto Condominium Corporation No. 985 v. Vanduzer (Ontario Superior Court of Justice)

Court orders removal of gazebo
Jurisdiction:

Anderson v. Owners: Condominium Plan No. 99SA34021 (Saskatchewan Court of Queen's Bench)

Court upholds condominium corporation’s decision to permit satellite dish
Jurisdiction:

Menzies v. Strata Plan NW 2924 (British Columbia Human Rights Tribunal)

Owner’s complaint about windows found to be premature
Jurisdiction:

York Region Standard Condominium Corporation No. 1076 v. Anjali Holdings Limited (Ontario Superior Court of Justice)

Court orders owner to reinstate common elements
Jurisdiction:

Owners Condominium Plan 772 0093 v. Rathbone (Court of Queen's Bench of Alberta)

Condominium corporation obtains order for access to unit for window replacement
Jurisdiction:

Carleton Condominium Corporation No. 26 v. Nicholson (Ontario Court of Appeal)

Court of Appeal confirms amendment to declaration
Jurisdiction:

Marise Myrand v. Le Syndicat des Copropri̩ires "Les Condominiums Sainte-Marie" (Quebec Human Rights Tribunal)

Owner entitled to better parking space
Jurisdiction:

In the matter of Receivership of Railside Development Limited (Supreme Court of Nova Scotia In Bankruptcy and Insolvency)

Court does not have authority to dispense with consent of builder’s lien holders (to condominium registration)
Jurisdiction:

Shannon v. The Owners, Strata Plan KAS 1613 (British Columbia Human Rights Tribunal)

Owner entitled to keep window screen