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ARTICLE · 14 MAY 2020

Condo Litigation – Section 67 Of The Condominium Property Act

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.

CanadaLitigation, Mediation & Arbitration
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.

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