Can a condominium unit owner bring a claim at bar?
Alberta, Canada
The following excerpt is from Magnus v. Condominium Plan No. 9511228, 2010 ABQB 150 (CanLII):
In Rushton v. Condominium Plan 8820668, [1997] A.J. No. 984 (Master) a claim similar to the claim at bar was summarily dismissed on the basis that the property manager owed no duty to the unit owner. However, on appeal it was determined that there was at least a triable issue in regard to whether a duty was owed given that property manager undertook to make the repairs: 1998 ABCA 217, 219 A.R. 51.
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