29/06/2017 – Jurisdiction Ontario
Part 59 published on 01/09/2017
Court dismisses appeal from Arbitrator’s decision respecting short-term tenancies
An arbitrator had ordered the owner to comply with the “single family” provision in the corporation’s Declaration – which the arbitrator said prohibited short-term tenancies.
In arriving at his decision, the arbitrator had also considered the history of the violations, and held that the condominium corporation had not waived its enforcement rights against the owner. However, the arbitrator had, in all of the circumstances, ordered a nine-month delay before the owner would be required to comply with the particular provision in the Declaration.
The owner appealed, and the Court dismissed the appeal.
