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Alteration or No Alteration: The implications of the McMahon Hot Tub Case

Time Posted on December 30, 2009 at 04:09 PM User Michael Pascu Comment No comments

As previously posted on this BLOG, the Court of Appeal recently rendered its decision in the case of Wentworth Condominium Corporation No. 198 v. McMahon, known as the "hot tub case".

By considering the meaning of the words "addition", "alteration" and "improvement" that appear in Section 98 of the Condominium Act, 1998, the court presumably made it easier for condominium corporations to determine what type of owners' changes to the common elements fall under Section 98. In fact, the court created more confusion, not to mention consternation.  Click here to read more.

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