Part 55 - 01/09/2016
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Jurisdiction: Part 55 - 01/09/2016
HOT TOPIC: THE DECISION-MAKING AUTHORITY OF CONDOMINIUM BOARDS
In a recent case, the Ontario Court of Appeal has confirmed that the “business judgment rule” applies to decisions by condominium Boards. This means that the Courts will show deference – and therefore won’t overturn a Board’s decision – as long as:
the matter decided was within the Board’s mandate or decision-making authority;
the Board arrived at its decision in good faith, with fair process; and
the decision was “within a range of reasonable choices”.
To me, this means that condominium corporations must make reasoned decisions, or in other words they must have sound reasons for their decisions. If they do (and as long as a given decision doesn’t fall outside a spectrum of reasonable choices), then the Court will generally respect and uphold the decision – whether or not the Court might have come to a different decision.
Jurisdiction: Alberta 2016 Part 55 - 01/09/2016
Condominium Corporation No. 072 9313 (Trails of Mill Creek) v. Schultz (Alberta Court of Queen’s Bench) June 17, 2016
Court sets aside fines and costs levied by condominium corporation against owner who contravened “adults only” by-law
Jurisdiction: British Columbia Part 55 - 01/09/2016
The Owners, Strata Plan NW422 v. Khlybov (British Columbia Supreme Court) January 20, 2016
Court orders termination of strata corporation and sale of entire strata property
Jurisdiction: Ontario 2017 Part 55 - 01/09/2016
Wu v. Carleton Condominium Corporation No. 383 (Ontario Small Claims Court) April 20, 2016
Condominium corporation had not improperly withheld records
Jurisdiction: Ontario 2016 Part 55 - 01/09/2016
3716724 Canada Inc. v. Carleton Condominium Corporation No. 375 (Ontario Court of Appeal)
Appeal allowed. Court of Appeal finds no oppression and defers to decision of board of directors
Jurisdiction: British Columbia 2016 Part 55 - 01/09/2016
Barrett v. The Owners, Strata Plan LMS 3265 (British Columbia Supreme Court)
Court orders that schedule of unit entitlements be amended to include finished basements and finished lofts in calculation of habitable areas
Jurisdiction: British Columbia 2016 Part 55 - 01/09/2016
Mathews v. The Owners, Strata Plan VR 90 (British Columbia Court of Appeal)
Appeal dismissed. Strata corporation entitled to refuse rental request
Jurisdiction: Ontario 2016 Part 55 - 01/09/2016
1589680 Ontario Inc. v. Toronto Standard Condominium Corporation No. 1441 (Ontario Superior Court)
Owner permitted to continue claims for intentional interference, nuisance and conspiracy against condominium corporation and its directors
Jurisdiction: Alberta 2016 Part 55 - 01/09/2016
Haymour v. Condominium Plan No. 802 2845 (Alberta Court of Queen's Bench)
Claims of former owner dismissed
Jurisdiction: Ontario 2016 Part 55 - 01/09/2016
Seto v. Peel Condominium Corporation No. 492 (Ontario Court of Appeal)
Appeal allowed in part. Appeal Court only orders fresh calculation of waste disposal costs
Jurisdiction: British Columbia 2016 Part 55 - 01/09/2016
Frank v. The Owners Strata Plan LMS 355 (British Columbia Supreme Court)
Installation of roof deck railings was a repair, not a change
Jurisdiction: Ontario 2016 Part 55 - 01/09/2016
Hadani v. Toronto Standard Condominium Corp. No. 2095 (Ontario Small Claims Court)
Owner responsible for damage due to water escape from owner’s washing machine