Canadian courts and tribunals decided plenty of condo law cases during the first quarter of 2013. Here’s a roundup of the most notable.
ONCA: Condo board deemed to know about a claim after unit purchaser with specific knowledge of that claim joins the bd. http://canlii.ca/t/fv10w
ONSC stays lawsuit over shared facilities dispute between 2 condos until mediation and arbitration exhausted. http://canlii.ca/t/fvhtp
ONSC: Mortgagee awarded costs of application for condo lien discharge when condo’s lawyers run up big bill needlessly. http://canlii.ca/t/fvm3f
OMB sets terms of minor variance to reduce parking space requirement at Brampton temple in a condo unit. http://ow.ly/h6MhL
ONSC: Condo corps are landlords that may require personal use of an owned unit and can evict tenants, per RTA s.46. http://canlii.ca/t/fw3mj
ONSC sets procedure for YCC 42 unit owners to review and object to accounts of that condo’s outgoing administrator. http://canlii.ca/t/fvwwm
ONCA orders rectification of title register in land boundary dispute. http://bit.ly/ZpjMqL
HRTO: No discrimination by condo and property manager requiring unit owner to remove unauthorized balcony enclosure. http://canlii.ca/t/fvsl4
ONSC: Condo to pay oppression damages of $40K + costs for not enforcing noise rules and for harassing complainant. http://ow.ly/hTFHP
ONSC: Remedial work on condo garage was maintenance and repair, not “substantial change” as alleged by unit owner. http://canlii.ca/t/fwd1p
NSSCC: Condo recoups damages re water heater leak on basis of owner failing to stop flood, not failure to maintain. http://canlii.ca/t/fw64z
ABQB: Live-in caregiver for blind elderly unit owner doesn’t violate condo’s single family use restriction. http://ow.ly/iLpDd
ONCA: City holds bag for gas pymts made when landlord defaults, bank sells rental bldg.http://ow.ly/iLWP5 No good deed goes unpunished.
ONSC: Condo directors failed to restore landscaping as ordered; found in contempt of court and must pay cost of work. http://ow.ly/iZraJ
ABQB: Condo’s refusal to assign indoor parking spot not oppressive when owner knew she was buying an outdoor spot. [Forthcoming: 2013 ABQB 153]
ABQB: Common element lease given by developer-controlled condo board invalid for lack of notice to purchasers. http://canlii.ca/t/fwjbx
BCCA: Class actions by strata lot owners not barred by representative action provisions in BC Strata Property Act. http://ow.ly/je12E
ONARB: Municipal tax assessment of amenity units owned by condo corp reduced to nominal $9 value. http://ow.ly/jlHQb
BCSC: While original sale of strata unit overturned, 2nd sale order given after breach of injunction by rowdy owners. http://canlii.ca/t/fwm3k
ONSC bars property manager from acting as paid representative at Landlord Tenant Bd, being unauthorized law practice. http://ow.ly/jkKZw
HRTO: Bedbug infestation is not a disability; adverse treatment of condo unit owner with bedbugs not discriminatory. http://canlii.ca/t/fvsl0
HRTO: Condo supers discrimination complaint to proceed while wrongful dismissal lawsuit pending; issues are distinct. http://canlii.ca/t/fwnd2
ONSC approves condo purchasers’ class action suit vs. developer over excess development charges. http://ow.ly/jANBK
As always, stay tuned to @ChrisJaglowitz on Twitter for live updates on latest cases, news and commentary.