Because we’ve been tardy in posting our microblog pieces lately, here is a super-duper bundle of condo-related decisions by Canadian courts and tribunals released since our last microblog compilation post on April 30, 2012.
Enjoy these items while preparing chestnuts on an open file, but please be sure to exercise proper fire safety techniques.
COURT AND TRIBUNAL DECISIONS
ONCA: Tarion warranty rulings don’t preclude civil suits for condo construction defects (unless LAT decides appeal). http://canlii.ca/t/fv135
ONSC avoids deciding whether proxies from condo meetings should be redacted before inspection by unit owners. http://canlii.ca/t/fv9fn
ONSC awards partial costs on condo corp’s compliance application, setting up the owner for a big surprise later. http://canlii.ca/t/ftrpd
ONCA: Consumer Protection Act applies to hot water heater rentals, affirms supplier’s liability for damages after leak. http://bit.ly/11jC0rp
ONSC approves class action settlement re ThyssenKrupp elevator sheave jammers. Deadline for claims is March 29, 2013. canlii.ca/t/ftvp5
ABQB appoints investigator at unit owner’s request when ineptitude of condo bd and mgmt amounts to “improper conduct.” http://bit.ly/JbbjeI
NBCA: Email exchange not a binding agreemt to buy and sell condo listed on Kijiji this time, but maybe next time! http://bit.ly/K9AWww
ONSC picks apart, summarily dismisses condo corporation’s claims against its developer over sale of parking units. http://bit.ly/IOPd0o
BCHRT: Strata corp to pay fmr unit owners $8K for ineffective response to complaints of cigarette smoke infiltration. http://bit.ly/Kji9z7
ONCA upholds lien and Condo Act compliance order vs unit owner. Owner can assess “additional actual costs” if demanded. http://bit.ly/KwwMTv
ONCA: Non-owner lacks standing to bring Condo Act application vs condo corp, board and its lawyer. http://bit.ly/KBXHMi
ONSC: Requisition for condo owner meeting invalid because of false statements, meeting restrained, muckrakers muzzled. http://bit.ly/Kyn7Ha
ONSC: Condo cannot backcharge and lien for its legal costs of defending small claims court cases brought by unit owner. http://bit.ly/L3DYWY
ONSC: Condo Act does not mandate mediation when tenants violate rules. Mediation still useful in such cases, though. http://bit.ly/LmQiOz
ONSC finds condo director breached duty but won’t bar him from running for office, contacting bd or starting lawsuits. http://bit.ly/MdDgDW
ONCA clarifies condo corporations’ right to full indemnity & “additional actual costs” in obtaining compliance orders. http://bit.ly/LH9SoV
ONSC: For denying unit owner access to his suite for 1 day, condo corp to pay $500 as nominal damages for oppression. http://bit.ly/O5UJy8
ONCA upholds summary dismissal of non-owners’ suit vs. condo corp. Non-owners lack standing to sue over condo’s money. http://bit.ly/O5Y7Jp
HRTO: Middlesex Standard Condo Corp No. 733 to face the music unless it wakes up and files response to complaint. http://bit.ly/P1CzkS
ONSC: Condo’s 6-yr lawsuit for conversion/construction deficiencies vs many parties may proceed but on timetable. http://bit.ly/PaMi8K
ONLAT: Condo corp’s requested conditions on unit owner’s liquor license rejected, not necessary in the public interest. http://bit.ly/MyCAOv
BCCA overturns forced sale of condo unit. Strata Act doesn’t permit such orders. http://canlii.ca/t/fs38s
ONSC (needlessly?) sets voting process for dysfunctional condo emerging from 6-year court administration. http://canlii.ca/t/fs8vb
ONSC gives restraining order vs owner for assaulting neighbours, declines removal from condo bd or forced sale of unit. http://bit.ly/NqJi9Q
ONSC aims for May/June 2013 trial date in Channel condo fraud cases. Delay hurts unit owners’ ability to sell. http://bit.ly/P44ukU
ABQB debunks most of the typical nonsensical legal arguments raised by freemen and other vexatious litigants. http://canlii.ca/t/fsvjq
ONSC: Condo purchaser’s negligent lawyers to pay costs of $850K in complex 12-yr case over illegal floor. http://bit.ly/Q2ozbB
ONSC: Condo denied additional actual costs of $60K+ for not producing its legal bills in rule enforcement case. Ouch. http://canlii.ca/t/fss8c
ONSC: Small claims court has no jurisdiction to hear disputes over municipal property tax accounts. http://canlii.ca/t/fstk5
ONSC: Condo may enter, remove unauthorized balcony enclosure installed by a previous owner. No limitations problem. http://bit.ly/UUe6Sw
ONSC: Unit owner to pay 100% of condo corp’s legal costs in enforcement case, can collect half from tenant. http://canlii.ca/t/fsz09
ONCA: Bank can’t be found negligent in property mgr’s theft of condo money when condo didn’t raise negligence at trial. http://bit.ly/WqcE8P
ONSC awards condo $1.3M for massive fraud by Khan/Channel Mgmt using related contractors to bill for bogus repair work. http://canlii.ca/t/ft07f
BCSC prohibits rowdy condo unit owner from playing tv, music or using hottub on deck & balcony from 11pm-8am. http://canlii.ca/t/ftcqb
ONSC overturns automatic dismissal of unit owner’s 4-yr old case vs. condo corp re injury from in-suite fireplace. http://canlii.ca/t/ft5ms
ONSC: Condo developer’s principal avoids contempt of court by delivering turnover records. http://canlii.ca/t/ft3jz
HRTO tosses unit owner’s human rights complaint after same issues were raised and decided in earlier court case. http://bit.ly/QTWKTd
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