Scott Decision

Update December 12, 2016, Court Case:

The Scotts' took board members Glenn Street (owner of www.mascots.com), Dean Jarvey and Del Reinhart personally to court for their improper conduct. Geoff Scott against their high paid lawyer. Geoff's case was these men knew the law but they decided to try and violate it anyways. 

 

The Judge asked for closing arguments. Geoff Scott gave his closing arguments. Then the board members' lawyer stood up to give her closing arguments....the Judge said he didn't want to hear from her so she quickly sat right back down. Geoff thinks this is because Dean Jarvey stood before the judge, swore to tell the truth on a bible (he's Catholic) and was found to have blatantly lied to the judge. The judge asked Geoff to read what Dean Jarvey lied to the court about, took about 5 minutes of reading!

 

The judge agreed with the Scotts'.

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Here's Geoff Scott's speaking notes to the Judge. You be the judge!

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Mystic Springs is a condominium complex located in Canmore, Alberta. 

 

Mystic Springs Condominium Corporation No. 0312235 sued the Scotts on January 14, 2014 to prevent the Scotts' from renting their unit independently from the rental pool. This is dispite: 1) the Alberta Condominium Act, 2) Mystic Springs Bylaws, 3) Mystic Springs lawyer advising the Condominium Corporation it cannot restrict owner rentals, 4) a second legal opinion. 

 

1. Alberta's Condominium Act, section 32(5) clearly states: "No bylaw operates to prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing with them or to destroy or modify any easement implied or created by this Act."

2. Mystic Springs Bylaw 5.20: "If a number of Owners decide to pool any rental income, they may do so with the approval of the Manager. However, under no circumstances will this action obligate or compel any other Owner to join or participate in this pool."

3. Mystic Springs lawyer advises the Condominium Corporation they cannot restrict owner rentals

4. 2nd legal opinion: The Scotts' hired an independent lawyer who specializes in Alberta condominium law for a second legal opinion as the Condominium Corporation refused to do so.  The opinion confirmed an owners right to rent his/her unit. The Corporation ignored this opinion.

 

The Condominium Corporation board members unanimously voted to sue the Scotts' anyways, the Scotts' stood up to these men and the corporation was cited for improper conduct by Court of Queen's Bench on March 23, 2015.  

 

The condominium board members who voted to sue the Scotts' and described by a lawyer as acting negligently are: Glenn Street, owner of Street Characters Inc., Dean Jarvey, Del Reinhart, Dean Miles, and Chris Stathonikos

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