SVR’s own Kate Kozowyk and Kendra Barlow emerged successful at the Alberta Court of Appeal recently. SVR represented a condominium corporation in a bylaw and condominium fee claim brought by an owner and developer. SVR successfully defended the action at the Court of King’s Bench level. The developer/owner appealed the Court of King’s Bench decision on four grounds.
On appeal, counsel for the owner/developer argued that their client did not owe condominium fees as the owner/developer did not meet the threshold of Units sold or occupied (90%) prescribed by the Bylaws to trigger the payment of condominium fees pursuant to another Bylaw which served to carve out a condo fee exemption for developers.
The Appellant argued that they did not owe condominium fees as they did not meet 90% threshold in the Bylaws with respect to the number of units sold or occupied which served to trigger the payment of condo fees pursuant to a Bylaw attempting to carve out a condo fee exemption for developers. Ultimately, the Court of Appeal accepted SVR’s submissions on behalf of the condominium corporation and upheld the Applications Judge’s decision that the owner/developer met the 90% threshold thereby directing that that the owner/developer was liable to pay condominium fees. Click here to read the decision.