Overview:
HPWC (owner of Ledgeview commercial property) sued Condo Corp over unpaid costs for parkade repairs ($42,668.28) and contested leases for parking and surface space. Condo Corp counterclaimed, seeking to invalidate these leases.

Key Issues & Rulings:

1. Parking Lease (2005):

   • Condo Corp argued it was invalid due to lack of a special resolution under the Condominium Property Act (CPA). The court found no formal resolution but ruled in favor of HPWC through proprietary estoppel, as Condo Corp had recognized the lease for years.
   • The parkade lease was deemed a disposition of real property under CPA §37(3), not common property, thus not requiring all registered interest holders’ consent.

2. Surface Lease (2017-18):

   • Condo Corp’s challenge was dismissed as time-barred under the Limitations Act. The court found HPWC reasonably relied on the lease, so proprietary estoppel applied.

3. Parkade Repair Costs:

   • HPWC was entitled to interest, as Condo Corp had no valid reason for delayed payments.

Conclusion:
The court upheld HPWC’s claims and dismissed Condo Corp’s counterclaims, finding them driven by disputes over cost allocation rather than legality.