CPA · Condominium Property Act
36 Enforcement of sanctions
monetary sanction imposed pursuant to a bylaw, the corporation
may, in respect of the contravention,
RSA 2000
(a) take proceedings under Part 4 of the Court of Justice Act
and the regulations under that Act to recover from the
person
(i) a monetary sanction, or
(ii) damages, in the case of any other sanction,
in an amount not exceeding the amount that may be granted
in damages under the Court of Justice Act and the
regulations under that Act, or
(b) take proceedings in the Court of King's Bench to recover
from the person
(i) a monetary sanction, or
(ii) damages, in the case of any other sanction.
(2) In an action under subsection (1), the corporation must
establish to the satisfaction of the court hearing the matter that
(a) the bylaws relating to the matter before the court were
properly enacted, and
(b) the bylaw for which the sanction was imposed was
contravened by the defendant.
(3) On hearing the matter, the court may do one or more of the
following:
(a) give judgment against the defendant in the amount being
sued for or any lesser amount as appears appropriate in the
circumstances;
(b) in the case of proceedings taken in the Court of King's
Bench, grant injunctive or other relief that the Court
considers appropriate in the circumstances;
(c) dismiss the action;
(d) make an award as to costs as appears appropriate in the
circumstances.
(4) For the purposes of an action commenced under subsection
(1)(a)(ii) or (b)(ii), once the court is satisfied that the requirements
of subsection (2) have been met, damages are deemed to have been
suffered by the corporation.
RSA 2000
(5) Where a corporation takes proceedings under this section, it is
entitled to claim from the defendant the corporation's legal
expenses incurred in respect of the proceedings.
(6) For the purposes of subsection (2)(a), a copy of a bylaw that is
certified by the Registrar as being a true copy of the bylaw filed at
the land titles office is proof, in the absence of evidence to the
contrary,
(a) of the contents of the bylaw, and
(b) that the bylaw was properly enacted.
(7) An action taken against a person under this section does not
restrict, limit or derogate from any other remedy that an owner or
the corporation may have against that person.
(8) A caveat in respect of a monetary sanction or other debt to a
corporation, other than a contribution under section 39, may be
registered against the certificate of title of a unit only pursuant to a
writ of enforcement.
RSA 2000 cC-22 s36;2014 c10 s27;2015 c12 s7;
AR 217/2022; AR 75/2023