Is a condominium corporation liable as against a unit owner who relies on its status certificate?
Ontario, Canada
The following excerpt is from Keele Medical Properties Ltd. v TSCC No. 1786, 2017 ONSC 1813 (CanLII):
Pursuant to s. 76(6), the status certificate binds the corporation, as of the date it is given and with respect to the information it contains, as against a purchaser or mortgagee of a unit who relies on the certificate. Therefore, a corporation is prohibited from claiming as against a unit owner payment for an expenditure that the corporation was negligent in failing to disclose in the status certificate (Fisher v. Metropolitan Toronto Condominium Corp. No. 596, 31 R.P.R. (4th) 273, [2004] O.J. No. 5758 (Div. Ct.), at paras. 8, 10; see also 673830 Ontario Limited v. MTCC 673, at paras. 20-22).
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