July 21, 2016
Manitoba strata corporation’s window-replacement project found not to have discriminated against owners on the basis of disability
In four complaints against the same condominium corporation, the Manitoba Board of Human Rights has ruled that replacing clear windows with tinted windows did not amount to discrimination under The Human Rights Code. Three of the complaints—Renard v Winnipeg Condominium Corporation No 30, 2016 MBHR 3, Gordon v Winnipeg Condominium Read more…
July 20, 2016
Alberta court holds that creditors with registered builders liens and caveats have priority over strata-lot purchasers’ unregistered trust interests
In 1864684 Alberta Ltd v 1693737 Alberta Inc, 2016 ABQB 371, the Alberta Court of Queen’s Bench made a “determination of creditors’ entitlement to net sale proceeds” of a commercial-condominium development located in Airdrie, Alberta. The condominium’s developer was in receivership and the land “was sold in a court-supervised receivership,” with the Read more…
July 14, 2016
Ontario court sides with strata corporation in parking-lot dispute
Cheung v York Region Condominium Corporation No. 759, 2016 ONSC 4236, involved a claim that an Ontario condominium corporation’s bylaw governing allocation of parking stalls amounted to oppression of a condominium unit owner. The case reviews the general principles of the Condominium Act, 1998’s oppression remedy and applies them to the Read more…
July 5, 2016
BC Supreme Court finds strata corporation responsible for installing railings needed to bring rooftop balcony up to code
In Frank v The Owners Strata Plan LMS 355, 2016 BCSC 1206, the Supreme Court of British Columbia considered whether a strata corporation or a strata-lot owner who has the benefit of a limited-common-property rooftop balcony should be held responsible for bringing the balcony up to the standard required by Read more…
June 24, 2016
Alberta court strikes down “pointless” fines levied against strata-lot owner
In Condominium Corporation No 072 9313 (Trails of Mill Creek) v Schultz, 2016 ABQB 338, a master of the Alberta Court of Queen’s Bench refused to enforce a condominium corporation’s repeated fines against an owner who was in breach of the condominium’s bylaw against underage occupants. The case contains some Read more…