Part 53 published on 01/02/16
Court awards reduced costs to condominium corporation
The condominium corporation sought a compliance order against an owner. The parties resolved the main application by way of a consent order, requiring the owner to comply with the corporation’s declaration, by-laws and rules. The only remaining issue was the question of costs.
The condominium corporation sought full payment of its costs; but the court ordered the owner to pay costs at a significantly reduced level. The court gave the following reasons:
- The owner suffers from a disability that results in severe mood swings.
- The extensive application record, largely in relation to the owner’s historical misconduct, was unnecessary. The history could have been much more briefly summarized.
- The condominium corporation should have adopted a more conciliatory approach to the dispute.
The Court said:
I am satisfied that an application was necessary in that it has indirectly brought about a resolution of the long-standing issues between CCC 22 and MacQuarrie by leading him to get the psychiatric help that he required. For that reason, this is an appropriate case for an award of costs on a partial indemnity basis. Those costs are limited to the costs of preparing a reasonable and proportionate application record.
The court fixed the applicants costs in the all-inclusive amount of $5,000 “which shall be paid within 5 years of this date”.