Ontario

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Ontario

Jurisdiction:

Swan v. Goan (Ontario Superior Court of Justice, Small Claims Court - Oshawa, Ontario)

Former director’s claims for defamation dismissed
Jurisdiction:

Corchis v. Essex Condominium Corporation No. 28 (Ontario Court of Appeal)

Condominium corporation primarily liable for damage caused by roof leak
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Metropolitan Toronto Condominium Corporation No. 1272 v. Beach Development (Phase II) Corp. (Ontario Superior Court of Justice)

Absence of cost-sharing agreement did not constitute oppression
Jurisdiction:

Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930 (Ontario Court of Appeal) November 9, 2010

Provision in declaration not an “agreement” for purposes of Section 112 of the Condominium Act
Jurisdiction:

Clark v. 1650336 Ontario Limited (McIelwain Construction), Tarion Warranty Corporation et al (Ontario Superior Court of Justice)

Tarion warranties run with the land. Also, a claimant’s only remedy against Tarion (for breach of the statutory warranties) is to pursue the statutory claims and appeal process
Jurisdiction:

Schickedanz Bros. Limited v. The Municipal Property Assessment Corporation (MPAC) Region No. 14 and the Town of Whitchurch - Stouffville (Assessment Review Board)

Non-common element recreation centre assessed at nominal value of $1.00
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Lahrkamp v. Metropolitan Condominium Corporation No. 932 (Toronto Small Clams Court)

Court determines owner’s right to examine records. Owner receives judgment for $500 plus costs
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Durham Condominium Corporation No. 90 v. Carol Moore and Keith Wallace (Ontario Superior Court)

Court orders owners to modify deck
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Arnoldo v. Halton Condominium Corporation No. 74 (Superior Court of Justice/Oakville Small Claims Court c/o Burlington Small Claims Court)

Condominium corporation not liable for damage to vehicle The plaintiff brought a claim against the condominium corporation for damages to his car, caused when the garage door fell off its track and landed on the car.  The Court held that forseeability (and therefore negligence) were not proven.  The Court therefore found that the condominium corporation was not liable under the Occupier’s Liability Act, and the claim was dismissed.  The court said: …while the occupier of the condo must take reasonable care in all circumstances, it does not mean that it is an insurer of all risks.  The standard is not perfection but reasonableness.  Arnoldo v. Halton Condominium Corporation No. 74.pdf
Jurisdiction:

Metropolitan Toronto Condominium Corporation No.747 v. Korolekh (Ontario Superior Court of Justice)

Court orders eviction of owner due to threatening behavior
Jurisdiction:

Mitchell v. Halton Condominium Corporation No. 499 (Ontario Human Rights Tribunal)

Human Rights process stayed in favour of Condominium Act dispute–resolution process
Jurisdiction:

TSCC 1633 v. Baghai Development Limited and Rabba Fine Foods Inc. (Ontario Superior Court of Justice)

No agreement for retail tenant to use part of common elements (namely, a sidewalk)