(Please Don’t) Lien On Me

by Amber Nickel, a lawyer with Willis Law and a member of the CCI North Alberta Board of Directors Changes are coming that require contractors to be paid within 28 days (conditions apply). The hills are alive with the sound of changes to payment requirements and lien rights in the construction industry. The connection between…

Therapy Animals Unleashed

By Melissa L. Stappler, Willis Law The question of whether or not a resident is permitted to keep an animal in their unit is a matter usually determined according to the condominium corporation’s Bylaws.  But what happens when a condominium resident claims that they need an exemption from the Bylaws because they require a therapy…

Tackling Human Rights in Condos

By Heidi Besuijen and Melissa L. Stappler Overview Alberta case law has  recently confirmed that the Alberta Human Rights Act (the “Act”) applies to condominium corporations.  This means that condominium corporations are prohibited from discriminating against unit owners or occupants on the basis of any of the protected grounds identified in the Act, which are:…

Condo Cases Across Canada

Condo Cases Across Canada We are pleased to showcase the work of condominium lawyer James Davidson, LL.B., ACCI, FCCI whose labour of love over the years has produced an amazing amount of brief summaries of recent condominium court decisions. To view the judgment transcript of the featured cases or to review other Canadian condominium case…

Effective Evidence for Court Applications

By Heidi Besuijen You might engage a lawyer for the purpose of making an application before the courts to obtain an Order. This could relate to the non-payment of contributions or a special assessment, to tenants within a condominium corporation, or even be an aspect of a larger piece of litigation which is ongoing. No…

The How and Why of Levying Fines

By Todd A. Shipley In order to levy a fine or monetary sanction, a board must carefully consider the “how” and “why.” The Condominium Property Act (RSA 2000, c. C-22) (the “Act”) and most modern condominium by-laws allow boards to issue fines or monetary sanctions for noncompliance. However, the case-law provides both cautionary tales and…

Considering Chargebacks

By Natasha Sutherland – Willis Law A 2017 Alberta court decision has clarified condominium chargebacks Condominium fee and assessment collection is a highly technical and complex issue. There are a number of terms which are used and defined by the courts, with different meanings to slightly different nuances within the same issue. It can be confusing to…