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. 

HRTO: For giving condo a binding release, fired super’s sexual orientation complaint dismissed as abuse of process 

ONSC imposes terms on condo unit owner for violent, antisocial outbursts, but not sale of unit. 

ONSC awards condo costs of $37K in hotly contested compliance application where sale order requested but denied. 

ONSC: Claim vs landscaper made 3 yrs after slip&fall may proceed, but condo’s x-claim vs landscaper statute-barred. 

ONSC: Condos who snooze, lose. Expired lien rights cannot be revived.  

HRTO order settling disability/hot tub case seems practical but incomplete without an agreement under Condo Act s.98. 

ABQB: Lawsuit over condo development gone bad would be an ideal class action if it were properly constituted. 

ONCA: If the trunk (the part between roots and foliage) grows on boundary line, the tree is common property. 

ABCA: Condo corp not obliged to help unit owner collect tenant’s rent; Realtor’s free help is no mgmt relationship. 

ONCA: Condo’s bid to invalidate unauthorized fixed-price energy contract made too late. 

HRTO: Condo corporation (but not board) added to racial discrimination claim. 

ONSCDC clarifies “straw man” test for personal liability of condo directors using litigation vs owners in bad faith. 

ONSC: Owner enforcing exclusive use rights gets partial costs from offender. Warring parties both sat on condo bd. 

ONSC: Shared facility case with 1 issue within arbitrator’s jurisdiction to proceed; arbitrator to decide abt others. 

MBQB: Condo’s claims vs. developer’s architect for pure economic losses may proceed, but all other claims dismissed.

ONSC: Developer’s delay in xferring shared facilities to condo corps as per disclosure docs not oppressive or unfair. 

ONSC: Condo gets compliance order vs misbehaving owners, but cost recovery slashed by 1/3 and spread over 3 years. 

YKSC orders condo declaration amended and developer to file revised building plans for smaller second phase. 

ONSC reduces Small Claims Ct costs penalty for unit owner’s misconduct towards condo outside of the lawsuit. 

ONSC appoints PGT as litigation guardian for unresponsive condo unit owner with suspected mental health issues. 

ONSmClCt: Landlord recovers some of the legal costs he paid to his condo over tenant’s breach of the “no pets” rule. 

HRTO: No discrimination in condo requiring owner to park in garage though owner’s truck is too large to enter. 

ONSC: Unit owner’s claim that condo’s negligence led to dog attack not obviously doomed to fail; may go to trial. 

HRTO: No harm, no foul in condo’s security firm’s minor, inadvertent breach of earlier settlement b/t condo & owner. 

ONSC: No limitation on when declarant can call meeting to elect new board after creation of new phase, per s.152(6). 

YKSC unconvinced of devlpr’s “understanding” with condo to avoid paying $400K+ of common expenses on unsold units. 

ONSC: Marijuana plants stolen from back yard not covered under homeowner insurance policy. 

ONSC won’t halt resale of condo unit discounted by developer on purchaser’s allegedly broken promise to buy more.

ABQB: Condo corps don’t guarantee the common elements but must do repairs in reasonable time, with reasonable effort.

ONCA upholds compliance order allowing owners with unpd prking assessmts to vote at AGM pending ruling on main issue. 

HRTO: For reporting human rights settlement in its newsletter, condo to pay $1K penalty for confidentiality breach. 

ONSC: Condo to pay contractor $40K for unpaid work. Alleged deficiencies were minor and covered by warranty. 

ONSC: Unit owner’s damages for hardwood ruined by water leak from unit above includes soundproofing and wall-to-wall. 

ABQB: Condo to inspect 2nd bulkhead after 1st (opened to check cigarette smoke xfer) found lacking fire separation.

YKSC approves development option B with terms for next phase of troubled Whitehorse condo complex. 

ONSC: Unit owner’s claim vs. condo & HVAC contractor re faulty furnace summarily dismissed for lack of evidence. 

ONSC undoes poorly-planned/drafted condo declaration amendment restricting locker/prkg use by neighbouring residents. 

ONSC orders sale of condo unit for persistent bad conduct and breached court orders by mentally ill unit owner. 

ONSC: Condo’s $125K costs claim on successful forced sale application is excessive. $58K awarded.  #overlawyered

BCSC orders sale of condo unit to hopefully halt more lawsuits by vexatious contemnor unit owners re parking issues. 

ONSC: Chair had no authority to decertify election results 7 weeks after condo AGM and delivery of final report. 

ONSC: These feuding neighbours need a stern kindergarten teacher, not a judge.  #headshaker

ONSC upholds grow-op search warrant, conviction based on hydro consumption data shared by utility. No privacy breach. 

ONSC: Condo corporation is owner of its common elements for Tarion warranty purposes (as if there was any doubt). 

ONSC orders new trial on whether condo management firm’s dismissal was “for cause.” 

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