Enforcement of Sanctions: 14/06/23
The provided information pertains to the enforcement of sanctions by a condominium corporation. Here are the main points:
- Non-Compliance: If a person fails to comply with a sanction or fails to pay a monetary sanction imposed according to a bylaw, the corporation has the right to take legal action.
- Legal Proceedings: The corporation may initiate proceedings under Part 4 of the Court of Justice Act and its regulations or file a lawsuit in the Court of King’s Bench to seek recovery of either a monetary sanction or damages.
- Burden of Proof: In an action brought under this section, the corporation must satisfy the court that the bylaws related to the matter were properly enacted and that the defendant contravened the specific bylaw.
- Court’s Discretion: Upon hearing the matter, the court has the authority to do the following: a. Render a judgment in favor of the corporation, either for the full amount claimed or for a lesser amount deemed appropriate. b. Grant injunctive or other appropriate relief in cases brought before the Court of King’s Bench. c. Dismiss the action if it determines that the corporation’s claim is unsubstantiated. d. Award costs as deemed appropriate.
- Deemed Damages: Once the court is satisfied that the requirements outlined in subsection (2) have been met, damages are considered to have been suffered by the corporation in actions initiated under subsections (1)(a)(ii) or (b)(ii).
- Legal Expenses: The corporation is entitled to claim its legal expenses incurred in relation to the proceedings from the defendant.
- Proof of Bylaws: A certified copy of a bylaw filed at the land titles office, as issued by the Registrar, serves as proof of the bylaw’s contents and proper enactment unless evidence to the contrary is presented.
- Additional Remedies: The action taken under this section does not impede other remedies available to owners or the corporation against the person in question.
- Caveat Registration: A caveat regarding a monetary sanction or other debt owed to the corporation, excluding contributions under section 39, may only be registered against the certificate of title of a unit through a writ of enforcement.
Please note that specific legal advice should be sought in matters concerning the enforcement of sanctions within a condominium corporation, as legislation and procedures may vary depending on jurisdiction and local regulations.
