Judgment Released: April 13, 2012
Link to Judgment
The Court of Appeal upheld a grant of partial summary judgment
sought by a condo corporation against a condo owner who had failed
to pay condo fees. While there were several other disputes between
the parties (which the trial judge ordered to be dealt with by a
trial of issues rather than by summary judgment), there was no
authority for the proposition that the requirement to pay condo
fees under the Condominium Act was somehow suspended, and the Act
explicitly provides that condo fees are payable regardless of any
other disputes.
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