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ARTICLE · 23 FEBRUARY 2023

Maintaining A Legally Unenforceable Caveat On Title To A Condominium Unit: Should This Be Permitted?

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In the recent Alberta Court of King's Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two...

CanadaReal Estate and Construction
Michael Gibson
Michael Gibson
Ryley Schmidt
Ryley Schmidt
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In the recent Alberta Court of King's Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two questions:

  1. Whether a unit owner is entitled, by operation of the Limitations Act, RSA 2000, c L-12 (the "Limitations Act"), to immunity from liability for unpaid contributions which arose more than two years prior to legal proceedings being commenced against them;1 and
  2. Whether, if some of the contribution arrears are limitations barred, can a condominium corporation still maintain a caveat registered against the owner's certificate of title notwithstanding that all contribution arrears which are not limitations barred have been paid.2

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