2019

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Jurisdiction:

Condo Cases Across Canada [Part 66 – June 2019]

Condo Cases Across Canada is an on-line library of condominium decisions from across Canada – published by the Canadian Condominium Institute, National Chapter.  CCAC includes summaries of the cases, and pdf copies of the actual cases themselves.  I’m delighted to be the author of the case summaries.   Each quarter, I select a handful of cases that I hope readers will find interesting. [I don’t provide summaries of every decision rendered.]   The latest issue – Part 66 – is now available on-line at the CCAC website:  www.condocases.ca.  The website is available to CCI members.  The current password is “condocases”.   Note to readers:  In B.C., condominium corporations are “strata corporations” and in Quebec, condominium corporations are “syndicates”.   James Davidson LLB, ACCI, FCCI, Davidson Houle Allen LLP Condominium Law, Ottawa
Jurisdiction:

The Owners, Strata Plan NW 2089 v. Ruby (BC Supreme Court Registrar) February 7, 2019

Legal fees not reasonably incurred by strata corporation in collection matter
Jurisdiction:

MTCC 1328 v. 2145401 Ontario Inc. (Ontario Superior Court) February 20, 2019

Condominium corporation entitled to enter unit to investigate any noises or vibrations emanating from staircase
Jurisdiction:

TSCC 2051 v. Georgian Clairlea Inc. (Ontario Court of Appeal) January 24, 2019

Appeal dismissed. Court of Appeal confirms various rights and obligations between developer and condominium corporation, including rights and obligations under certain debt instruments
Jurisdiction:

Durham Condominium Corp. No. 43 v. Bradley (Ontario Superior Court) January 29, 2019

Owner required to enter into Section 98 Agreement in relation to backyard deck
Jurisdiction:

Chapadeau v. Devlin (Ontario Superior Court) January 10, 2019

Court awards substantial indemnity costs to Co-tenancy Committee under terms of Co-tenancy Agreement
Jurisdiction:

LaFramboise v. York Condominium Corp. No. 365 (Ontario Superior Court) January 15, 2019

Court determines that borrowing by-law was properly passed
Jurisdiction:

Boardwalk REIT Properties Holdings Ltd. v. Condominium Corp No 0822896 (Alberta Court of Queen’s Bench) January 18, 2019

Court determines owner’s obligation to pay common expenses
Jurisdiction:

Interville Development Limited Partnership v. The Owners, Strata Plan BCS2313 (BC Supreme Court) January 30, 2019

Valid Shared Facilities Agreement existed between the parties
Jurisdiction:

Allard v. The Owners, Strata Plan VIS 962 (BC Court of Appeal) February 5, 2019

Court of Appeal reverses the lower Court’s decision to grant leave to Appeal from a decision of the Civil Resolution Tribunal
Jurisdiction:

HighStreet Accommodations Ltd. v. The Owners, Strata Plan BCS2478. (BC Court of Appeal) February 21, 2019

Appeal Dismissed. Court of Appeal upholds strata corporation’s rental restriction by-law.
Jurisdiction:

Condo Cases Across Canada [Part 65 – March 2019]

Condo Cases Across Canada is an on-line library of condominium decisions from across Canada – published by the Canadian Condominium Institute, National Chapter.  CCAC includes summaries of the cases, and pdf copies of the actual cases themselves.  I’m delighted to be the author of the case summaries.   Each quarter, I select a handful of cases that I hope readers will find interesting. [I don’t provide summaries of every decision rendered.]   The latest issue – Part 65 – is now available on-line at the CCAC website:  www.condocases.ca.  The website is available to CCI members.  The current password is “condocases”.   Note to readers:  In B.C., condominium corporations are “strata corporations” and in Quebec, condominium corporations are “syndicates”.   James Davidson LLB, ACCI, FCCI, Davidson Houle Allen LLP Condominium Law, Ottawa