9808 103 Street Nw

Known Issues (news/court)

[lawsuit_or_court - construction deficiencies / building envelope] Condo corporation sued developer for common-property construction deficiencies, including roof failure from inadequate waterproofing, and an improperly granted 99-year parkade lease. Court awarded $49,685 for proven deficiencies, dismissed amenity misrepresentation claims, set aside the parkade lease for non-compliance with s.25 of the Condominium Property Act, and ordered an accounting of profits. (1980-06-27); [lawsuit_or_court - owner vs board dispute / oppression] The Court of Appeal upheld setting aside a 99-year lease of common rooftop parking granted by the builder-controlled board to itself as a breach of fiduciary duty, rejecting waiver; it also allowed further construction deficiency claims against the builder and referred assessment to a Master. (1983-04-20); [lawsuit_or_court - condo fee arrears / foreclosure] Owners who repeatedly paid condominium levies late and then tendered reduced payments had a caveat filed against their parking stall unit for unpaid levies and interest; the court found the corporation was entitled to caveat for amounts owed but acted unreasonably by not allowing the owners to pay the full outstanding amount (including a tendered $606.00) before filing, ordered the corporation to accept full payment to discharge the caveat, and awarded no costs to either party. (1998-09-29)