Ontario

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Ontario

Jurisdiction:

Chan v. Toronto Standard Condominium Corporation No. 1834 (Ontario Superior Court of Justice)

Rules required that units be used only as single family residences
Jurisdiction:

Neil's Pond (Phase III) Condominium Corp. v. J.M.J. Holdings Ltd. (Newfoundland and Labrador Supreme Court, Trial Division - General Division)

Common expenses payable by developer in relation to unsold units
Jurisdiction:

1420041 Ontario Inc. v. 1 King West Inc. (Ontario Superior Court of Justice - Divisional Court)

Condominium owner has no legal capacity to assert claims respecting the common elements. Owner’s claim respecting unit damage stayed unless or until owner elects to opt out of overlapping action by condo corporation
Jurisdiction:

Durham Condominium Corporation No. 63 v. On-Cite Solutions Ltd. (Ontario Superior Court of Justice) December 2, 2010

Status certificate failed to disclose unit defect
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
Jurisdiction:

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
Jurisdiction:

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
Jurisdiction:

Durham Condominium Corporation No. 90 v. Carol Moore and Keith Wallace (Ontario Superior Court)

Court orders owners to modify deck