The first half of 2014 brought a bumper crop of condo-related court and tribunal cases from across Canada. The race for the top 10 cases of the year is heating up!
ONSC nixes unit owner’s case vs condo & bd over previously-litigated issues. Good discus’n re liability of directors. http://canlii.ca/t/g23p8
HRTO: For giving condo a binding release, fired super’s sexual orientation complaint dismissed as abuse of process http://canlii.ca/t/g298x
ONSC imposes terms on condo unit owner for violent, antisocial outbursts, but not sale of unit. http://canlii.ca/t/g2b2r
ONSC awards condo costs of $37K in hotly contested compliance application where sale order requested but denied. http://canlii.ca/t/g2w8t
ONSC: Claim vs landscaper made 3 yrs after slip&fall may proceed, but condo’s x-claim vs landscaper statute-barred. http://ow.ly/rNMvI
ONSC: Condos who snooze, lose. Expired lien rights cannot be revived. http://ow.ly/rSH9j
HRTO order settling disability/hot tub case seems practical but incomplete without an agreement under Condo Act s.98. http://canlii.ca/t/g2cws
ABQB: Lawsuit over condo development gone bad would be an ideal class action if it were properly constituted. http://canlii.ca/t/g2ddd
ONCA: If the trunk (the part between roots and foliage) grows on boundary line, the tree is common property. http://canlii.ca/t/g2d08
ABCA: Condo corp not obliged to help unit owner collect tenant’s rent; Realtor’s free help is no mgmt relationship. http://canlii.ca/t/g1pgq
ONCA: Condo’s bid to invalidate unauthorized fixed-price energy contract made too late. http://canlii.ca/t/g2g0f
HRTO: Condo corporation (but not board) added to racial discrimination claim. http://canlii.ca/t/g2fr3
ONSCDC clarifies “straw man” test for personal liability of condo directors using litigation vs owners in bad faith. http://canlii.ca/t/g2kcd
ONSC: Owner enforcing exclusive use rights gets partial costs from offender. Warring parties both sat on condo bd. http://canlii.ca/t/g2fqc
ONSC: Shared facility case with 1 issue within arbitrator’s jurisdiction to proceed; arbitrator to decide abt others. http://canlii.ca/t/g2kbz
MBQB: Condo’s claims vs. developer’s architect for pure economic losses may proceed, but all other claims dismissed. canlii.ca/t/g2mxb
ONSC: Developer’s delay in xferring shared facilities to condo corps as per disclosure docs not oppressive or unfair. http://canlii.ca/t/g2kbn
ONSC: Condo gets compliance order vs misbehaving owners, but cost recovery slashed by 1/3 and spread over 3 years. http://canlii.ca/t/g2kcc
YKSC orders condo declaration amended and developer to file revised building plans for smaller second phase. http://canlii.ca/t/g2ldd
ONSC reduces Small Claims Ct costs penalty for unit owner’s misconduct towards condo outside of the lawsuit. http://canlii.ca/t/g2zdr
ONSC appoints PGT as litigation guardian for unresponsive condo unit owner with suspected mental health issues. http://canlii.ca/t/g304b
ONSmClCt: Landlord recovers some of the legal costs he paid to his condo over tenant’s breach of the “no pets” rule. http://canlii.ca/t/g32t6
HRTO: No discrimination in condo requiring owner to park in garage though owner’s truck is too large to enter. http://canlii.ca/t/g311s
ONSC: Unit owner’s claim that condo’s negligence led to dog attack not obviously doomed to fail; may go to trial. http://canlii.ca/t/g4n3d
HRTO: No harm, no foul in condo’s security firm’s minor, inadvertent breach of earlier settlement b/t condo & owner. http://canlii.ca/t/g632k
ONSC: No limitation on when declarant can call meeting to elect new board after creation of new phase, per s.152(6). http://canlii.ca/t/g576b
YKSC unconvinced of devlpr’s “understanding” with condo to avoid paying $400K+ of common expenses on unsold units. http://canlii.ca/t/g315w
ONSC: Marijuana plants stolen from back yard not covered under homeowner insurance policy. http://canlii.ca/t/g62c7
ONSC won’t halt resale of condo unit discounted by developer on purchaser’s allegedly broken promise to buy more. http://canlii.ca/t/g66xv
ABQB: Condo corps don’t guarantee the common elements but must do repairs in reasonable time, with reasonable effort. http://canlii.ca/t/g2m2k
ONCA upholds compliance order allowing owners with unpd prking assessmts to vote at AGM pending ruling on main issue. http://canlii.ca/t/g6crk
HRTO: For reporting human rights settlement in its newsletter, condo to pay $1K penalty for confidentiality breach. http://canlii.ca/t/g69ct
ONSC: Condo to pay contractor $40K for unpaid work. Alleged deficiencies were minor and covered by warranty. http://canlii.ca/t/g68rh
ONSC: Unit owner’s damages for hardwood ruined by water leak from unit above includes soundproofing and wall-to-wall. http://canlii.ca/t/g321p
ABQB: Condo to inspect 2nd bulkhead after 1st (opened to check cigarette smoke xfer) found lacking fire separation. http://canlii.ca/t/g2ldh
YKSC approves development option B with terms for next phase of troubled Whitehorse condo complex. http://canlii.ca/t/g6hzc
ONSC: Unit owner’s claim vs. condo & HVAC contractor re faulty furnace summarily dismissed for lack of evidence. http://canlii.ca/t/g6kvx
ONSC undoes poorly-planned/drafted condo declaration amendment restricting locker/prkg use by neighbouring residents. http://canlii.ca/t/g6snx
ONSC orders sale of condo unit for persistent bad conduct and breached court orders by mentally ill unit owner. http://canlii.ca/t/g6tps
ONSC: Condo’s $125K costs claim on successful forced sale application is excessive. $58K awarded. http://canlii.ca/t/g7fg0 #overlawyered
BCSC orders sale of condo unit to hopefully halt more lawsuits by vexatious contemnor unit owners re parking issues. http://canlii.ca/t/g6tx4
ONSC: Chair had no authority to decertify election results 7 weeks after condo AGM and delivery of final report. http://canlii.ca/t/g6tpk
ONSC: These feuding neighbours need a stern kindergarten teacher, not a judge. http://canlii.ca/t/g6wvd #headshaker
ONSC upholds grow-op search warrant, conviction based on hydro consumption data shared by utility. No privacy breach. http://canlii.ca/t/g6xv7
ONSC: Condo corporation is owner of its common elements for Tarion warranty purposes (as if there was any doubt). http://canlii.ca/t/g7ffx
ONSC orders new trial on whether condo management firm’s dismissal was “for cause.” http://canlii.ca/t/g7g5v
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