Incident: A fire occurred on July 29, 2018, at the Monticello condominium in Edmonton, causing significant damage.
Plaintiffs: Condominium Corporation No. 0840294 and other parties, including unit owners and managers, sought damages against Lillian Oakley and Arlene Hyatt, alleging they caused the fire.
Damages: Claims totalled millions of dollars.
Legal Issues:
Standing of the Condominium Corporation: The defendants argued that Condominium Corporation No. 0840294 (084) lacked standing to sue for damages to Unit 3 of the Monticello, as it did not own the unit at the time of the fire. The court ruled that 084 did have standing to claim damages for Unit 3, which, though listed as a unit, effectively constituted common property.
Waiver of Subrogation: Defendants contended that the plaintiffs were bound by a waiver of subrogation in the Monticello's Rules and Regulations, barring claims. The court found the waiver unenforceable against 084 and individual unit owners, allowing the claims to proceed.
Equitable Arguments: The court rejected the argument that 084 and unit owners were bound in equity to the waiver of subrogation clause.
Conclusion: The court ruled in favor of 084, granting it the standing to pursue its claim, and dismissed the waiver of subrogation defense. Costs were left for later determination if parties couldn't agree.
