As condo development
increases across Canada, especially in urban centers, we can expect
an influx of litigation over the interpretation and application of
condo legislation and their bylaws. One common trend in Alberta is
the reliance on section 67 of Alberta's Condominium Property Act,
("CPA") in
the litigation process to enforce reasonable behavior.
Section 67 allows the
Court, on application by an "interested party", to impose
certain remedies if improper conduct has taken place. Interested
parties include condo owners, condo corporations, members of the
condo board, or any other persons with a registered interest in a
condo unit. Sometimes referred to as the 'oppression
section', section 67 seeks to restrain unfair conduct.
Oppression remedies are also available under the Alberta
Business Corporations Act, but the degree of conduct
required under section 67 of the CPA may be less onerous
than its counterpart, at least for the moment.