31/05/13 – Jurisdiction Ontario
Part 31 published on 01/08/10
Dispute subject to mandatory arbitration
Part 31 published on 01/08/10
Dispute subject to mandatory arbitration
A unit owner started a Court claim to challenge the condominium corporation’s lien against the owner’s unit. The Court held that Section 132 of the Condominium Act, 1998, applied to the dispute. Mediation had failed. Therefore the Court ordered that the parties proceed to arbitration on the following issues:
“…what amount, if any, is owed by unit 204 to the Defendant for common expense arrears, interest and chargebacks, including legal fees incurred in the collection or attempted collection of any said arrears, which includes the costs of today’s attendance. The arbitrator shall determine how the cost of the arbitration is to be paid.