Part 56 - 01/11/2016

We have found 16 items matching your search query.

Jurisdiction:

THE HOT TOPIC: Another important decision about second-hand smoke.

In a recent decision, the B.C. Human Right’s Tribunal has nicely summarized the obligations of strata corporations that receive complaints in relation to second-hand smoke having an adverse impact upon a resident with a disability. In my view, the principles expressed in this decision may very well apply across Canada. Here’s my summary of the decision:
Jurisdiction:

Anthony v. Schnapp (British Columbia Supreme Court) October 5, 2016

Court orders appointment of administrator for two-unit strata corporation.
Jurisdiction:

Condominium Corporation No. 311443 v. Goertz (Alberta Court of Appeal) November 17, 2016

Condominium corporation entitled to take collection steps (and claim costs) despite the small arrears
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Middlesex Condominium Corp. No. 195 v. Sunbelt (Ontario Superior Court) October 28, 2016

Court dismisses motion to appoint administrator
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Chen v. The Owners, Strata Plan VR1856 (British Columbia Supreme Court) October 24, 2016

Owners mistakenly assumed deck was part of the common property. No significant unfairness
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Harel Davidson v. Condominium Management Group (Ontario Human Rights Tribunal) October 14, 2016

Condominium owner’s human rights claim against condominium corporation’s lawyer dismissed
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Win2 Management Inc. v. Metropolitan Toronto Condominium Corporation No. 1049 (Ontario Small Claims Court) October 13, 2016

Management company awarded damages for condominium corporation’s improper termination of management contract
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Kamal v. Peel Condominium Corporation No. 51 (Human Rights Tribunal of Ontario) September 30, 2016

No discrimination by calling owners’ meeting on an important religious holiday
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Santos v. The Owners, Strata Plan LMS 1509 (British Columbia Supreme Court)

Court orders appointment of administrator as well as special levy
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Hill v. The Owners, Strata Plan KAS 510 (British Columbia Supreme Court)

Owner awarded damages for strata corporation’s failure to repair the common property with reasonable haste
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Leary v. Strata Plan VR1001 (British Columbia Human Rights Tribunal) September 21, 2016

Strata corporation failed to properly accommodate a resident with a disability, who complained of second-hand smoke
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The Owners, Strata Plan KAS 3549 v. 0738039 B.C. Ltd. (British Columbia Court of Appeal) September 9, 2016

Appeal dismissed. The developer had failed to call the first AGM within prescribed time limits; but there should be no penalty unless an owner has called the AGM