Carleton Condominium Corporation No. 26 v. Unit Owners and Mortgagees of the Carleton Condominium Corporation No. 26

Carleton Condominium Corporation No. 26 v. Unit Owners and Mortgagees of the Carleton Condominium Corporation No. 26

The Court concluded the impugned amendments were clarifying rather than substantive because they removed ambiguities and reflected a long history of consistent interpretation, and therefore were authorized under s.109(3) of the Condominium Act; the application judge's factual finding was open on the record and...

Source-derived case information.

Citation
2010 ONCA 80
Parties
Applicant/respondent: Carleton Condominium Corporation No. 26; Respondents/appellants: The Unit Owners and Mortgagees Listed in the Record of the Condominium Corporation Maintained under Subsection 47(2) of the Condominium Act as at the 30th Day before the Date of Issuance of the Application, set forth in the Attached Schedule "A"
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 February 2010
Procedural Posture
Civil Appeal (condominium Act) / Court of Appeal Decision on Appeal From an Order of the Superior Court of Justice
Outcome
Appeal dismissed
Legal Topics
Amendment of Declaration, Substantive Versus Clarifying Amendments, Interpretation of Condominium Act S.109(3), Costs
Source Language
english
Condominium Law Property Law Civil Procedure Amendment of Declaration Substantive Versus Clarifying Amendments Interpretation of Condominium Act S.109(3) Costs

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Parties

Carleton Condominium Corporation No. 26

Applicant/respondent

The Unit Owners and Mortgagees Listed in the Record of the Condominium Corporation Maintained under Subsection 47(2) of the Condominium Act as at the 30th Day before the Date of Issuance of the Application, set forth in the Attached Schedule "A"

Respondents/appellants

Procedural Posture

Civil Appeal (condominium Act) / Court of Appeal Decision on Appeal From an Order of the Superior Court of Justice

Legal Issues

  1. 1 Whether amendments to the declaration alter substantive rights of unit owners or merely clarify existing rights
  2. 2 Whether s.109(3) of the Condominium Act authorizes amendments to remove ambiguities and inconsistencies

Ratio Decidendi

The Court concluded the impugned amendments were clarifying rather than substantive because they removed ambiguities and reflected a long history of consistent interpretation, and therefore were authorized under s.109(3) of the Condominium Act; the application judge's factual finding was open on the record and dispositive of the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondent fixed at $5,000 inclusive of GST and disbursements