The appellant appealed a motions court decision answering questions on a special case under Rule 22.
The Court of Appeal upheld the motions judge's finding that s. 13 of Reg. 892 is intra vires the governing Act, as the Act's subrogation provisions are broad enough to cover payments made out of the guarantee fund.
The Court also found that the Corporation's expenses to rectify construction deficiencies in a condominium project qualified as payments triggering a right of subrogation.
The Corporation's right to subrogation was not defeated by the fact that the payments were made before the condominium corporation came into existence.
The appeal was dismissed.
