Canadian Lawyer Mag
NEWS
PRACTICE AREAS
RANKINGS
EVENTS
RESOURCES
SUBSCRIBE
CL+
  • LAW FIRMS
  • CASES

    Search by

  • DEALS
24 Nov 2023
Condominium Corporation No 0840294 v Oakley

Firms / Organizations involved

Brownlee LLP; CBM Lawyers LLP; Not specified; Witten LLP; Parlee McLaws LLP; Bryan & Company LLP
  • 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:
    1. 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.
    2. 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.
    3. 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.

Download documents

Plaintiff

Condominium Corporation No. 0840294
Law Firm / Organization
Brownlee LLP
Lawyer(s)

Gary A. Holan

Peter Gilchrist

Victoria Newman
Law Firm / Organization
CBM Lawyers LLP
Lawyer(s)

Amanda F. Kostek

Mark Selzier
Law Firm / Organization
Not specified
Charman Balaski
Law Firm / Organization
Not specified
Barbara Guenette
Law Firm / Organization
Not specified
Marcel Luzon
Law Firm / Organization
Not specified
Herbert Henley
Law Firm / Organization
Not specified
Wai-Man Lau
Law Firm / Organization
Not specified
Audrey Mahrebeski
Law Firm / Organization
Not specified
Myundja Jan
Law Firm / Organization
Not specified
Martin Johnson
Law Firm / Organization
Not specified
Steven Ferguson
Law Firm / Organization
Not specified
Susan Volney
Law Firm / Organization
Not specified
Connie Webb
Law Firm / Organization
Not specified
David Rowe
Law Firm / Organization
Not specified
Cynthia Patel
Law Firm / Organization
Not specified
Johanna Peters
Law Firm / Organization
Not specified
Marian Shennan
Law Firm / Organization
Not specified
Lynne Durpe
Law Firm / Organization
Not specified
Scott Comeau
Law Firm / Organization
Not specified
Chad Phillip
Law Firm / Organization
Not specified
Cheryl McEwan
Law Firm / Organization
Not specified
Gloria Barke
Law Firm / Organization
Not specified
Michelle Caoutte
Law Firm / Organization
Not specified
Michelle Davis
Law Firm / Organization
Not specified
Myles Kraft
Law Firm / Organization
Not specified
Sandra Luchyshin
Law Firm / Organization
Witten LLP
Lawyer(s)

Liam C. Kelly

Mayfield Management Group Ltd.
Law Firm / Organization
Parlee McLaws LLP
Lawyer(s)

Iain Walker

BQP Management Ltd.
Law Firm / Organization
Not specified
LA Katrina Solidium
Law Firm / Organization
Not specified
Leah McCrudden
Law Firm / Organization
Not specified
Cameron Haugrud
Law Firm / Organization
Not specified

Defendant

Lillian Oakley
Law Firm / Organization
Bryan & Company LLP
Lawyer(s)

Miranda Davis

Arlene Hyatt
Law Firm / Organization
Bryan & Company LLP
Lawyer(s)

Jeffrey Sermet

John Doe
Law Firm / Organization
Not specified
Jane Doe
Law Firm / Organization
Not specified

Court

Court of King's Bench of Alberta

Case Number

2003 11210, 2003 11823, 2003 12017, 2003 11884, 2003 12113

Practice Area

Civil litigation

Amount

Not specified/Unspecified

Winner

Plaintiff

Trial Start Date