Case information
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37399
Robin James Goertz v. Condominium Corporation No. 311443, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-11-24 | Close file on Leave | |
| 2017-11-23 | Correspondence (sent by the Court) to, Mr. Brent Mescall, Re: certificate of taxation | |
| 2017-11-22 | Certificate of taxation issued to, Mr. Brent Mescall | |
| 2017-11-22 | Decision on the bill of costs, in the amount of $1,298.47, Reg | |
| 2017-11-22 | Submission of the bill of costs, Reg | |
| 2017-10-30 | Reconsideration not accepted for filing, (letter from the Registrar) | |
| 2017-05-26 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2017-05-26 | Motion for reconsideration of the application for leave to appeal, (Book Form), Proof of Service missing - rec'd May 30, 2017., Completed on: 2017-05-30 | Robin James Goertz |
| 2017-05-18 | Bill of costs, (Letter Form), Completed on: 2017-05-19 | Condominium Corporation No. 311443 |
| 2017-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-28 | Judgment on leave sent to the parties | |
| 2017-04-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0259-AC, 2016 ABCA 362, dated November 17, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-03-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-02-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-02-24 | Robin James Goertz |
| 2017-02-16 | Certificate (on limitations to public access) | Condominium Corporation No. 311443 |
| 2017-02-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-02-16 | Condominium Corporation No. 311443 |
| 2017-02-15 | Certificate (on limitations to public access) | Condominium First Management Services Ltd. |
| 2017-02-15 | Notice of name | Condominium First Management Services Ltd. |
| 2017-02-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-02-15 | Condominium First Management Services Ltd. |
| 2017-01-17 | Letter advising parties of a complete application for leave to appeal, File opened on 2017-01-17 | |
| 2017-01-13 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-01-13 | Certificate (on limitations to public access) | Robin James Goertz |
| 2017-01-13 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2017-01-17 | Robin James Goertz |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Goertz, Robin James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Condominium Corporation No. 311443 | Respondent | Active |
| Condominium First Management Services Ltd. | Respondent | Active |
Counsel
Party: Goertz, Robin James
This party is not represented by counsel.
Party: Condominium Corporation No. 311443
Counsel
3300 TD Canada Trust Tower
421 - 7th Avenue SW
Calgary, Alberta
T2P 4K9
Telephone: (403) 294-7544
FAX: (403) 767-8889
Email: bmescall@parlee.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Condominium First Management Services Ltd.
Counsel
4500, 855 - 2nd Avenue SW
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219
Email: comfortb@bennettjones.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Property – Condominiums – Applicant failing to pay condo fees then interest accruing on late payments – Respondents obtaining summary judgment against applicant for, inter alia, payment of unpaid interest, foreclosure on applicant’s four condo units and solicitor client costs – Whether a Condominium Corporation can start a foreclosure action outside statutory guidelines invoking indoor management rule and register caveats for unknown amount and charges contrary to Condominium Property Act, R.S.A. 2000, c. C-22 – Whether condominium unit owner can sue property manager in tort for damages for improper accounting and registration of caveats for an unknown amount – Whether lower courts erred regarding proportionality, quantum and redemption order.
Mr. Goertz purchased four units in a condominium building operated by the respondents, but failed to pay condo fees levied on the units for several months. He eventually brought the fees into good standing, but failed to pay accrued interest charges for some time. In addition, there was an added cost of $115.50 for the services of a locksmith, so the respondents could enter one of Mr. Goertz’s vacant units and turn off a tap that had been left running for two weeks, flooding adjacent areas. When Mr. Goertz failed to respond to demand letters seeking payment, the respondents filed caveats on title of his units. The respondents then issued a statement of claim for recovery of the indebtedness and for foreclosure. Mr. Goertz defended that action and responded with a counterclaim, seeking damages against both the respondents and the condominium manager. Both parties sought summary judgement.
Lower court rulings
Court of Queen’s Bench of Alberta
0901-03801
Respondents’ motion for summary judgment against condominium owner granted in amount of $1,500, foreclosure and solicitor client costs
Court of Appeal of Alberta (Calgary)
1501-0259-AC, 2016 ABCA 362
Applicant’s appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available