Tarko et al. v. Metropolitan Toronto Condominium Corporation 626 et al.
[Indexed as: Tarko v. Metropolitan Toronto Condominium Corp. 626]
Ontario Reports
Ontario Superior Court of Justice, Divisional Court, Marrocco A.C.J.
February 13, 2015
124 O.R. (3d) 360 | 2015 ONSC 982
Case Summary
Limitations — Condominiums — Condominium corporation unsuccessfully litigating parking dispute between some unit owners and owner of parking lot — Unit owners notified in April 2011 of board of director's decision to pay corporation's legal fees through special assessment of unit owners — Board's actions ratified by unit owners at annual general meeting on May 30, 2011 — Some unit owners commencing small claims court action against corporation on June 28, 2013 — Action not commenced within two-year limitation period — Special assessment having immediate legal effect even though first of three [page361] installments was not due until July 1, 2011 — Special assessment not constituting demand obligation under s. 5(3) of Limitations Act — [Limitations Act, 2002, S.O.