Ottawa-Carleton Standard Condominium Corporation No. 815 v. 90 George Street Limited (Honourable James B. Chadwick, Q.C., Arbitrator)

The condominium corporation brought arbitration proceedings, under Section 75 of the Condominium Act, 1998, for recovery of the first-year budget shortfall.  The arbitrator ruled in favour of the condominium corporation.  The arbitrator said:  

• “…I find the condo board was very cognizant of the expenses and explored ways to reduce these expenses, especially in the first year of operation.  In my view they were very conscientious and acted in a very reasonable and responsible manner.” 
• “…the proper determination of the short fall is the bottom line, not an item by item evaluation.” 

The condominium corporation was also awarded interest at the rate stated in the corporation’s by-laws (for arrears of common expenses), as well as costs.