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#18645
VEXATIOUS ? Supreme Court won't hear LANDLORD'S realtor- targetted claim ( Loughlin v Gordon et al ) 2016/12/12 12:54  
Like Ontario dorm operator Elizabeth Anne CHAN, this former (Alberta) condo landlord ran afoul of condo governance. Monica Loughlin lost her unit long before reaching the doorstep of Canada's highest court.

1 - Loughlin's multi-year legal pursuit ( as a pro se/ SRL self represented litigant ) targetted centrally her ex-realtor McLeod along with ex-tenant & ex-Alberta condo corp. held doing its job to control Loughlin's own bad choice of tenant !

The realtor's Mere Good Samaritan Defence : ( From Nov 1/13 Alberta Court of Appeal majority opinion dismissing Loughlin's 'bad management' claim against her realtor without ANY contractual commitment :

" [26] ..the mere fact that (realtor Ms.) McLeod acted in this fashion does not translate her deeds into a legal obligation.

An individual who applies a tourniquet does not become at law either a nurse or a medical practitioner with the attendant legal obligations. Likewise, a citizen that assists the police in physically apprehending a suspect does not become a peace officer by so doing."

( One appeal jurist however expressed & warned a qualifying lower threshold of potential entanglement for Alberta realtors daring to operate in some property management role ). http://canlii.ca/t/g1pgq

With BUCKS changing hands, just how credible is the Good Samaritan defence when erected in the notorious condo rental environment ? . . . ( 'just helping a fellow church member' ) . . . A cautionary tale for realtors & other professionals.

( How slack should be condo lease management ? Over a decade ago Ontario's REBBA restricted residential tenant-finding to RECO registrants, landlords themselves and fulltime residential lease companies. BUT wait : dorms & good ole AirBnb arrive . . . What possibly can go wrong ? )

2 - E. A. Chan's barrage was also SRL self represented or with un-detailed assistance to wreak havoc on on the civil justice system. Her grounds include the famous unsuccessful 1972-3 Polai argument: “I should be able to get away with speeding like other speeders who sped by the traffic cop ticketing as fast as he could“;

3 - Canada's Supreme Court anyway refused to hear either's appeal.

They joined the short list of attempts to litigate condo battles to Canada's highest court. ( Other condo /syndicat appeals : Declined to hear appeal of Ms Staib’s victorious lonely cat discovered by a plumber's chance entry / Winnipeg CC #36 v Bird (1995) ruled that ‘conversion’ condo corp can pursue dangerous defects despite lack of privity; Syndicat Northcrest v Anselem (2004): 'sincere' balcony succahs prevail religiously over syndicat's balcony rules. )

SCC Dec 1/16 Loughlin v Gordon & others http://canlii.ca/t/gvvll . Costs to defendants

2 - E-A Chan's appeal rejected : SEE http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=16994&catid=2#16994

Supreme Court of Canada rejects appeal by defiant illegal lodging house operator Elizabeth Anne CHAN. Nov 22/12 :“Elizabeth Anne Chan v. T.S.C.C. # 1834 2012CANLII 72186 (SCC) http://canlii.ca/t/ftw7h
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