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ARTICLE · 30 MAY 2023

Condominium Breached Duty To Disclose Imminent Special Assessment In Status Certificate

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Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation...

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation of the condominium, including any outstanding or expected claims or liabilities, major projects, or costs. The purpose of a status certificate is to bring to the buyer's attention matters which may be of concern when contemplating the purchase of a unit, including future costs for major repairs to the condominium building.

In Bruce v Waterloo North Condominium Corporation No. 26, 2023 ONSC 2995 (CanLII), the Ontario Superior Court of Justice addressed whether a condominium corporation had failed to disclose required information to a prospective buyer in a status certificate and the consequences of such non-disclosure.

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