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Carleton Condominium Corporation No. 396 v. Burdet, 2012 ONCA 234 (Rule 20 – summary judgment)

Judgment Released: April 13, 2012  Link to Judgment

The Court of Appeal upheld a grant of partial summary judgment sought by a condo corporation against a condo owner who had failed to pay condo fees. While there were several other disputes between the parties (which the trial judge ordered to be dealt with by a trial of issues rather than by summary judgment), there was no authority for the proposition that the requirement to pay condo fees under the Condominium Act was somehow suspended, and the Act explicitly provides that condo fees are payable regardless of any other disputes.

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