Legal
June 29, 2026 Published by South Alberta Chapter - By Kate Kozowyk, Joshua Meijndert
Human Rights Tribunal Rebukes Condo Board for Not Engaging in Accommodation Process
From the Spring 2026 issue of the CCI South Alberta CCI Review
In Aubin v. Condominium Plan No. 862 2917, 2025 ABCA 248 ("Aubin"), the Court considered who is responsible for condominium walls, ceilings, and floors.
The Plaintiff owned a ground floor unit which shared a common wall with the condominium’s social lounge, which was common property. The Plaintiff could hear noise coming from the lounge, when it was in use, which interrupted her daily life.
Aubin decided whether the condominium or the Plaintiff was responsible for improving the sound transference in the common wall. The Condominium Property Act (the "Act") says:
9(1) Unless otherwise stipulated in the condominium plan, if
(a) a boundary of a unit is described by reference to a floor, wall or ceiling, or
(b) a wall located within a unit is a load bearing wall,
the only portion of that floor, wall, or ceiling, as the case may be, that forms part of the unit is the finishing material that is in the interior of that unit, including any lath and plaster, panelling, gypsum board, panels, flooring material or coverings, or any other material that is attached, laid, glued or applied to the floor, wall or ceiling, as the case may be.
The condominium plan in Aubin said, "the boundary of any unit with common property is the undecorated interior surface of the unit floor, wall, or ceiling as the case may be." Based on the wording in the condominium plan, the Court held that the entirety of the wall, other than the decorated sections of the unit’s interior, was common property. The condominium was responsible for improving the sound transference in the wall.
How might this affect you: The subtle differences in the wording of the condominium plan versus the Act decided who was responsible for the repairs. If a condominium plan references a different boundary between unit and common property than the Act, condominiums should be aware the condominium plan’s definition will prevail.
If you have questions about how the topics discussed in this article apply to your circumstances, we encourage you to seek advice from a qualified legal professional.
Kate Kozowyk
SVR Lawyers
Joshua Meijndert
SVR Lawyers
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