Cases reviewed at the Case law Update seminar at the 2017 ACMO/CCI Condominium Conference.
Cases reviewed by Jim Davidson
Wexler v. CCC 28
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We recently completed a 12-day trial with a unit owner (Mr. Lahrkamp) regarding the production of the condominium corporation’s records for h...
Nov 6, 2015
Successfully mediated a resolution to a dispute regarding the placement and size of a shed on a balcony, thereby avoiding expensive and protracted ...
Nov 6, 2015
Charged back the full costs of remediating a fire-destroyed unit back to the unit owner.
Nov 6, 2015
Secured injunction restraining inappropriate and destructive behaviour by a resident in one week. The unit owner was eventually required to s...
Nov 10, 2014
Successfully defended the condominium corporation and personal directors in a human rights application alleging racial discrimination. The Tribunal...
Nov 6, 2014
Co-counsel on successful application to force unit owner to sell her unit.
Nov 6, 2014
Successfully represented Yorkville condominium at OMB in response to proposed mixed hotel-residential use development.
MTCC 985, TSCC 1430, ABC Res...
Nov 6, 2014
Obtained stay of action based on correct application of s.132 of the Act.
Nov 6, 2014
Defeated claim commenced against condominium for damages due to water leak.
Nov 6, 2014
Represented the condominium corporation at trial and at a subsequent judicial review in which the plaintiff unit owner was unsuccessful in attempti...
Sep 29, 2014
Recovered full amount of a first-year budget deficit from developer (over $200,000) in addition to full costs of litigation from developer (over $5...
Nov 18, 2013
Successfully defended a human rights application against the condominium corporation concerning second-hand smoke, which alleged a breach of a prev...
Nov 19, 2012
Represented the respondent condominium corporation in obtaining a summary order dismissing the application as being outside of the Tribunal’s...
Nov 9, 2012
Obtained an order in favour of the condominium corporation to enforce compliance with fire safety regulations within the respondent unit owners&rsq...