Part 45 published on 01/02/14
Condominium corporation ordered to pay full indemnity costs
In this case, the two Applicants had applied for (among other things) the following:
(a) Repayment of the sum of $14,527.31 [One of the Applicants had spent this amount on the corporation’s behalf, when he was formerly on the Board of Directors.]
(b) Rectification of minutes for a meeting of the Board that took place on July 23, 2011.
Following receipt of a report by a court-appointed inspector, the condominium corporation consented to the Applicants’ requested relief.
The Court awarded full indemnity costs to the Applicants. The Court said:
In my opinion, which is confirmed by the findings outlined in the Investigator’s Report, the Applicants should never have had to resort to litigation in this Court in the first place. The actions of the Board in refusing to reimburse a duly delegated agent of the Corporation for the amount of $14,527.31 (which amount I note is less than 25% of the costs being sought), in repeatedly refusing to settle with the Applicants and instead “daring” them to sue, instead engaging in a campaign of public rebuke and criticism of the Applicants, was behaviour that both necessitated and prolonged this litigation. So, too, was the conduct of the Board in steadfastly refusing to approve the PDF version of the meeting minutes in question.