CONDOMINIUM PLAN NO 8222909 (WATER'S EDGE) v BELAS, 2015 ABQB 751
1.4: Procedural orders
9.30: When affidavit of value must be filed
13.5: Variation of time periods
This was a foreclosure Action between the Plaintiff condominium corporation and the Defendant condominium owners. The Condominium corporation claimed for unpaid special assessments levied against the condominium owners. The owners counterclaimed, alleging that the corporation neglected to maintain their townhouse units.
On an Application for summary relief, Master Schlosser considered whether it would be appropriate to stay the Action pending a determination of the Counterclaim. Master Schlosser reviewed a number of ways to stay an Order, including a Redemption Order and a conventional stay based on the Judicature Act, RSA 2000, c J-2, the Civil Enforcement Act, RSA 2000, c C-15, the Condominium Property Act, RSA 2000, c C-22, or Rules 1.4(2)(h) and 13.5 of the Rules of Court.
Master Schlosser considered each option, and the relevant case law, and held that a Redemption Order was appropriate in this case.View CanLII Details