Can a strata corporation sue the owner of a condominium unit for breach of section 171(1) of the Strata Property Act?

Ontario, Canada


The following excerpt is from 1420041 Ontario Inc. v. 1 King West Inc., 2010 ONSC 876 (CanLII):

Hamilton v. Ball, 2006 BCCA 243 (CanLII), [2006] B.C.J. No. 1098 (B.C.C.A.) involved the interpretation of British Columbia’s condominium legislation. Section 171(1) of the Strata Property Act contained language similar to that found in Ontario’s Condominium Act, as follows: The strata corporation may sue as representative of all owners, except any who are being sued, about any matter affecting the strata corporation, including any of the following matters: a. the interpretation of this Act, the regulations, the bylaws or the rules; b. the common property or common assets; c. the use or enjoyment of a strata lot; d. money owing, including money owing as a fine, under this Act, the regulations, the bylaws or the rules.

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