Condo Corporation Liability For Nuisance

• Author: Mr Matthew Ryan
• Law Firm: McLennan Ross LLP
• Published date: 02 May 2023

Is your condo corporation protected against claims in nuisance?

Condo corporations and their boards are required by law to keep the condo's common property in a state of good and serviceable repair. For an apartment-style condo, common property typically includes roofing, windows, balconies, elevators, and structural components. These items will require repairs or replacement as the building ages.

However, a recent court decision in Alberta illustrates the potential liability in nuisance faced by a condo corporation that repairs its common property in ways that interfere with occupants' use, and enjoyment of their unit. Since all repairs involve some amount of interference with a condo's occupants, this court decision deserves a closer look.

What is private nuisance?

In Canadian law, nuisance is an interference with a claimant's use or enjoyment of land that is both substantial and unreasonable. The categories of nuisance are not closed, so any...