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.


ONCA: Tarion warranty rulings don’t preclude civil suits for condo construction defects (unless LAT decides appeal). 

ONSC avoids deciding whether proxies from condo meetings should be redacted before inspection by unit owners. 

ONSC awards partial costs on condo corp’s compliance application, setting up the owner for a big surprise later. 

ONCA: Consumer Protection Act applies to hot water heater rentals, affirms supplier’s liability for damages after leak. 

ONSC approves class action settlement re ThyssenKrupp elevator sheave jammers. Deadline for claims is March 29, 2013. 

ABQB appoints investigator at unit owner’s request when ineptitude of condo bd and mgmt amounts to “improper conduct.” 

NBCA: Email exchange not a binding agreemt to buy and sell condo listed on Kijiji this time, but maybe next time! 

ONSC picks apart, summarily dismisses condo corporation’s claims against its developer over sale of parking units. 

BCHRT: Strata corp to pay fmr unit owners $8K for ineffective response to complaints of cigarette smoke infiltration. 

ONCA upholds lien and Condo Act compliance order vs unit owner. Owner can assess “additional actual costs” if demanded. 

ONCA: Non-owner lacks standing to bring Condo Act application vs condo corp, board and its lawyer. 

ONSC: Requisition for condo owner meeting invalid because of false statements, meeting restrained, muckrakers muzzled. 

ONSC: Condo cannot backcharge and lien for its legal costs of defending small claims court cases brought by unit owner. 

ONSC: Condo Act does not mandate mediation when tenants violate rules. Mediation still useful in such cases, though. 

ONSC finds condo director breached duty but won’t bar him from running for office, contacting bd or starting lawsuits. 

ONCA clarifies condo corporations’ right to full indemnity & “additional actual costs” in obtaining compliance orders. 

ONSC: For denying unit owner access to his suite for 1 day, condo corp to pay $500 as nominal damages for oppression. 

ONCA upholds summary dismissal of non-owners’ suit vs. condo corp. Non-owners lack standing to sue over condo’s money. 

HRTO: Middlesex Standard Condo Corp No. 733 to face the music unless it wakes up and files response to complaint. 

ONSC: Condo’s 6-yr lawsuit for conversion/construction deficiencies vs many parties may proceed but on timetable. 

ONLAT: Condo corp’s requested conditions on unit owner’s liquor license rejected, not necessary in the public interest. 

BCCA overturns forced sale of condo unit. Strata Act doesn’t permit such orders.

ONSC (needlessly?) sets voting process for dysfunctional condo emerging from 6-year court administration.

ONSC gives restraining order vs owner for assaulting neighbours, declines removal from condo bd or forced sale of unit.

ONSC aims for May/June 2013 trial date in Channel condo fraud cases. Delay hurts unit owners’ ability to sell. 

ABQB debunks most of the typical nonsensical legal arguments raised by freemen and other vexatious litigants. 

ONSC: Condo purchaser’s negligent lawyers to pay costs of $850K in complex 12-yr case over illegal floor. 

ONSC: Condo denied additional actual costs of $60K+ for not producing its legal bills in rule enforcement case. Ouch. 

ONSC: Small claims court has no jurisdiction to hear disputes over municipal property tax accounts.

ONSC: Condo may enter, remove unauthorized balcony enclosure installed by a previous owner. No limitations problem. 

ONSC: Unit owner to pay 100% of condo corp’s legal costs in enforcement case, can collect half from tenant. 

ONCA: Bank can’t be found negligent in property mgr’s theft of condo money when condo didn’t raise negligence at trial. 

ONSC awards condo $1.3M for massive fraud by Khan/Channel Mgmt using related contractors to bill for bogus repair work. 

BCSC prohibits rowdy condo unit owner from playing tv, music or using hottub on deck & balcony from 11pm-8am. 

ONSC overturns automatic dismissal of unit owner’s 4-yr old case vs. condo corp re injury from in-suite fireplace. 

ONSC: Condo developer’s principal avoids contempt of court by delivering turnover records. 

HRTO tosses unit owner’s human rights complaint after same issues were raised and decided in earlier court case. 


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