Owners-Condominium Plan No. 762 1302 v. Stebbing, 2015 ABQB 219

• Judge: Ackerl, J.
• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Friday January 16, 2015
• Citations: 2015 ABQB 219;(2015), 614 A.R. 273 (QB)

Owners-Condo. Plan No. 762 1302 v. Stebbing (2015), 614 A.R. 273 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. AP.036

The Owners: Condominium Plan No. 762 1302 (appellant) v. Rhonda Stebbing (respondent)

(1303 11384; 2015 ABQB 219)

Indexed As: Owners-Condominium Plan No. 762 1302 v. Stebbing

Alberta Court of Queen's Bench

Judicial District of Edmonton

Ackerl, J.

April 7, 2015.

Summary:

In 2010, Stebbing purchased a condominium in "The Saskatchewan", a condominium complex that permitted residents to keep pets with written consent of the condominium Board. One of the conditions of the offer to purchase was "Board approval for cats". In 2012, the Board decided to eliminate cats from the complex, following complaints from several occupants. The Board ordered Stebbing's cat removed. Stebbing refused and applied for a declaration that the Board had acted in an oppressive or unfairly prejudicial manner.

A Master of the Alberta Court of Queen's Bench, in a decision reported at (2014), 595 A.R. 398, issued a declaration that Stebbing was in breach of the condominium's bylaw 46(c) for lack of written consent, but stayed its enforcement until the cat either died of natural causes or was relocated. The Board appealed.

The Alberta Court of Queen's Bench, on a standard of correctness, dismissed the appeal. The Board's actions constituted "improper conduct" as defined by the Condominium Property Act, s. 67(1). The Board's decision to not "grandfather" Stebbing's cat was oppressive and unfairly prejudicial. The Court ordered that Stebbing's cat was permitted to continue to reside at The Saskatchewan as a "grandfathered" pet, in the same manner as those cats granted formal written approval by the Board. The Board's actions as a whole revealed systematic improper conduct. Under the circumstances, the Court ordered double party and party costs.

Real Property - Topic 8868

Condominiums - Corporation - General - Oppression of or unfair prejudice or significantly unfair decision to owners - See paragraphs 25 to 79.

Real Property - Topic 8927

Condominiums - Declarations - Pet restrictions - See paragraphs 1 to 79.

Counsel:

Todd A. Shipley (Reynolds, Mirth, Richards & Farmer LLP), for the appellant;

Brian E. Thompson (Chomicki Baril Mah LLP), for the respondent.

This appeal was heard on January 16, 2015, before Ackerl, J., of the Alberta Court of Queen's Bench, who delivered the following memorandum of decision, dated at Edmonton, Alberta, on April 7, 2015.