Decisions From the Courts

The article discusses two court decisions related to condominium matters. In the first case, Cheung v. York Region Condominium Corporation No. 759, the court upheld the validity of a by-law allowing a condominium corporation to lease non-exclusive use common element parking spaces to its unit owners. The court rejected the argument that a unit owner could monopolize all parking spaces and found the by-law reasonable and not oppressive. In the second case, Keele Medical Properties Ltd. v. TSCC No. 1786, the court found that the condominium corporation provided sufficient disclosure of its financial difficulties in the status certificates, and a special assessment was valid and enforceable against the purchaser of commercial units.