Key Facts:

Plaintiffs, Condominium Corporation No. 0210494 (Waterfront) and its owners sought summary trial for amounts related to 2015 and 2016 assessments and amounts owed under bylaws and a Common Maintenance Agreement (CMA). Defendants, Alex Rotzang, Geoff Upitis, Gil Gauthier, Condominium Corporation No. 0210500 (Hall), and Condominium Corporation No. 0210499 (Parkade), challenged the evidence and argued the CMA had been terminated.

Key Issues:

• Admissibility of Evidence: Should portions of the Krasnow Affidavit be struck?
• Summary Trial: Should the case proceed by summary trial?
• CMA Validity: Was the CMA in force, and if so, was it terminated?
• Financial Assessments: Are the plaintiffs entitled to recover specific assessments, or are they statute-barred?

Court Findings:

• Evidence: Some parts of the Krasnow Affidavit were struck for lack of personal knowledge or inadmissible hearsay.
• Summary Trial: The court found the case suitable for summary trial.
• CMA Status: The CMA was found to be in force and not properly terminated.
• Assessments: The court ordered repayment and reallocation of costs related to the 2015 and 2016 assessments, finding them non-compliant with the CMA and bylaws.

Conclusion:

Judgment was granted in favor of the plaintiffs. The court directed accounting and repayment as per its findings.

Monetary Award/Costs/Damages:

• 2015 Parking Lot Assessment: $50,031 to be repaid to owners.
• 2016 Special Assessment: $104,446 ordered reversed.
• Garbage Costs: Parkade to cover garbage collection costs from June 2015 onward.

Costs:

Parties may speak to costs within 30 days; no specific cost award was detailed