Status Certificate's Failure to Disclose Unauthorized Alterations


An interesting case recently decided by the Ontario Superior Court of Justice, involved a unit owner's unauthorized widening of a doorway and the board's attempt to enforce the provisions in the Declaration.

In Durham Condominium Corporation No. 63 v. On-Cite Solutions Ltd., the respondent, On-Cite, had owned the unit since 2008, which at the time it was purchased, had already had it's door widened from 36 inches to 10 feet.

Prior to purchasing the unit, On-Cite requested a Status Certificate and the President of the Board of DCC 63 inspected the unit. Although the President became aware at that time that the unauthorized alteration had been made, no notice of any contravention appeared on the Status Certificate. On-Cite took title to the unit on the basis that the Status Certificate was clear.

Two weeks later, DCC 63 sent On-Cite notice of the unauthorized alteration.

Please see full article below for more information.

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Published In: Business Organization Updates, Civil Remedies Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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