Acts and Regulations

C-16.05 - Condominium Property Act

Section 56
Disposition versions

Full text
Termination by court order
56(1)A corporation, an owner or a person having a registered encumbrance against a unit and common interest may apply to the Court for an order terminating the governance of the condominium property by this Act.
56(2)The Court may order that the governance of the condominium property by this Act be terminated if the Court is of the opinion that the termination would be just and equitable, and, in determining whether the termination would be just and equitable, the Court shall have regard to the following:
(a) the scheme and intent of this Act;
(b) the probability of unfairness to one or more owners if termination is not ordered; and
(c) the probability of confusion and uncertainty in the affairs of the corporation or the owners if termination is not ordered.
56(3)The Court may include in an order any provisions that the Court considers appropriate in the circumstances.
56(4)A copy of an order granted shall be submitted to the Director and, subject to subsection (5), the Director shall approve the order for registration.
56(5)When an order for termination is submitted, the Director shall not approve the order unless the conditions contained in the order as to its acceptance for registration have been complied with or until proof of compliance is provided to the Director.
56(6)Section 57 applies with the necessary modifications to an order for termination.
56(7)An order for termination is not effective until it is registered.
Termination by court order
56(1)A corporation, an owner or a person having a registered encumbrance against a unit and common interest may apply to the Court for an order terminating the governance of the condominium property by this Act.
56(2)The Court may order that the governance of the condominium property by this Act be terminated if the Court is of the opinion that the termination would be just and equitable, and, in determining whether the termination would be just and equitable, the Court shall have regard to the following:
(a) the scheme and intent of this Act;
(b) the probability of unfairness to one or more owners if termination is not ordered; and
(c) the probability of confusion and uncertainty in the affairs of the corporation or the owners if termination is not ordered.
56(3)The Court may include in an order any provisions that the Court considers appropriate in the circumstances.
56(4)A copy of an order granted shall be submitted to the Director and, subject to subsection (5), the Director shall approve the order for registration.
56(5)When an order for termination is submitted, the Director shall not approve the order unless the conditions contained in the order as to its acceptance for registration have been complied with or until proof of compliance is provided to the Director.
56(6)Section 57 applies with the necessary modifications to an order for termination.
56(7)An order for termination is not effective until it is registered.