Middlesex Condominium Corporation No. 195 (MCC 195) brought a motion for partial summary judgment against Sunbelt Business Centres (Canada) Inc. (Sunbelt) regarding liability for hydro accounts and window replacement costs for commercial condominium units.
The court dismissed Sunbelt's limitation period defense, finding that the condominium's declaration was not an "agreement" to vary limitation periods and that MCC 195's claim was timely.
The court found Sunbelt liable for the hydro accounts servicing the commercial units, rejecting Sunbelt's interpretation that "separately metered for each unit" required one meter per legal unit.
However, the court found MCC 195 responsible for the cost of window replacement, determining that the windows were common elements and not exclusive use common elements, thus falling under the corporation's maintenance obligation.
