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Owners Bear the Burden of Proving that Remedial Work Undertaken by Condominium Corporation is Inadequate

Author: 
Rohina Hashimi
Publication date:
December 8, 2022
Article Summary: 

The linked blog post discusses the burden of proof placed on owners to demonstrate that remedial work undertaken by a condominium corporation is inadequate. The article explains that in cases where owners dispute the sufficiency of remedial work, they are responsible for providing evidence to support their claims. It highlights the importance of clear and convincing evidence to establish inadequacy, such as expert reports or testimonials. The article emphasizes that owners should engage in good faith discussions with the condominium corporation and explore alternative dispute resolution mechanisms before resorting to legal action. It also highlights the role of the Condominium Authority Tribunal (CAT) in resolving disputes related to remedial work. By understanding the burden of proof and engaging in constructive dialogue, owners and condominium corporations can work towards resolving disagreements and ensuring appropriate remedial measures.

Keywords: 

burden of proof, owners, remedial work, condominium corporation, inadequate, evidence, sufficiency, disputes, expert reports, testimonials, good faith discussions, alternative dispute resolution, legal action, Condominium Authority Tribunal (CAT), constructive dialogue, remedial measures.




Source Citation: 
Rohina Hashimi
Owners Bear the Burden of Proving that Remedial Work Undertaken by Condominium Corporation is Inadequate
December 8, 2022
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