Condominium Plan No 912 3701 (Liberton Village Condominium Corporation) v Herbert
The Owners: Condominium Plan No. 912 3701 operating as Liberton Village Condominium Corporation
Law Firm / Organization
Bishop & McKenzie LLP
Lawyer(s)

Jose A. Delgado

Erin Hoffman
Law Firm / Organization
Bishop & McKenzie LLP
Lawyer(s)

Jose A. Delgado

Steven Hoffman
Law Firm / Organization
Bishop & McKenzie LLP
Lawyer(s)

Jose A. Delgado

Jamie Buckley
Law Firm / Organization
Bishop & McKenzie LLP
Lawyer(s)

Jose A. Delgado

Carol Lynn Herbert
Christopher Herbert
Andrew Scott Herbert

Key Issues:

  1. Definition of "contributions" under the Condominium Property Act (CPA).
  2. Allegations of improper conduct by the Condominium Corporation (Condo Corp).
  3. Entitlement to further costs under Rule 9.14 of the Alberta Rules of Court.

Background:

  • The Hoffmans and Herberts own adjacent units.
  • On November 12, 2020, Andrew Herbert caused damage by cutting a hole between the units during a mental health crisis.
  • Condo Corp and the Hoffmans obtained a restraining order against Andrew Herbert and sought his eviction.

Court Orders and Developments:

  • Eviction Order: Issued on December 9, 2020, requiring repairs and payment of costs by the Herberts.
  • Dispute over Repairs: The Herberts conducted unauthorized repairs, leading to disputes.
  • Sale of Herbert Unit: Sale attempts were hindered by Condo Corp’s disclosure of unresolved repair issues.
  • Caveat Filed: Condo Corp filed a caveat against the Herbert Unit for associated costs.

Court’s Analysis:

  1. Validity of the Caveat: Found valid as there were outstanding contributions, though the amount was unclear.
  2. Improper Conduct: No improper conduct by Condo Corp; their disclosures were accurate and necessary.
  3. Costs Application: Condo Corp's request for expanded costs was denied as it sought to alter the original Eviction Order.

Conclusion:

  • Applications by Carol and Chris Herbert dismissed.
  • Condo Corp’s costs application under Rule 9.14 denied.
  • The court did not explicitly order a specific amount to be paid in this decision.

 

Court of King's Bench of Alberta
2003 16669
Civil litigation
Applicant