In what circumstances will a contract be voided if the contract is in breach of section 94(11) of the Condominium Act?

British Columbia, Canada


The following excerpt is from Canamera Invt. Ltd., Re, 1984 CanLII 440 (BC SC):

In Ross v. Necker, 1948 CanLII 322 (SCC), 29 C.B.R. 1, [1948] 4 D.L.R. 401, varied on rehearing as to amount of judgment, 29 C.B.R. 175 (S.C.C.), it was held that the prohibition contained in what is now s. 94(11) is imperative, and it is suggested that any contract made in breach of such requirement is void.

Other Questions


What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Is a contract void for uncertainty, void for uncertain uncertainty or void for unjust enrichment? (British Columbia, Canada)
Does a judge have authority to voide a contract where a contractor has been found in breach of the contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
Can a contract be void from the start if both parties make a mistake in the construction of the contract? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
In what circumstances will the doctrine of non est factum be applied in real estate contracts where the contract is not binding? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
In what circumstances will a tortfeasor be able to claim damages for breach of contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.