Part 39 - 01/08/2012

We have found 16 items matching your search query.

Jurisdiction:

HOT TOPIC: SECOND-HAND SMOKE

It’s becoming more and more clear that condominium corporations across Canada have obligations to protect their residents from second-hand smoke (particularly residents with health issues). How can these obligations be satisfied? Here are some possibilities:
Jurisdiction:

The Owners Strata Plan LMS 2768 v. Jordison (BC Court of Appeal),

Court of Appeal reverses Order for sale of Unit.
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Burt v. Strata Plan KAS3196 (BC Supreme Court)

Court declines to appoint administrator.
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Sarah Computer Consulting Inc. v. Peel Condominium Corporation No. 421 (Ontario Superior Court)

Condominium Corporation improperly (albeit briefly) denied owners’ rights of access.
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Apaloo v. Durham Condominium Corporation No. 169 (Ontario Superior Court)

Board entitled to reverse earlier decision respecting repair costs.
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Toronto Standard Condominium Corporation No. 1633 v. Baghai Development Ltd. (Ontario Court of Appeal)

Condominium Corporation rules take precedence over a tenant’s lease. Owner’s appeal dismissed. Corporation’s appeal respecting costs allowed.
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Durham Condominium Corporation No. 45 v. Swan (Ontario Superior Court)

No oppression. Claims of former director dismissed.
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Peel Standard Condominium Corporation No. 767 v. 2069591 Ontario Inc. (Ontario Superior Court)

Mandatory Mediation and Arbitration does not apply to a dispute involving a Tenant
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Pearson (Litigation Guardian of) v. Carleton Condominium Corporation No. 178 (Ontario Superior Court)

Defence costs not properly added to common expenses.
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Perper v. York Region Condominium Corporation No. 860 (Ontario Superior Court)

Court declares Owners’ Requisition invalid due to false and misleading information
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Poloway v. Strata Plan K692 (B.C. Supreme Court)

Court refuses to order creation of sections. Special Levy for required repairs based on Unit entitlements not significantly unfair.
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McDaniel v. Strata Plan LMS 1657 (B.C. Human Rights Tribunal)

Strata Corporation failed to accommodate resident in relation to second-hand smoke