16/02/2021 – Jurisdiction Ontario
Part 73 published on 01/03/2021
Court upholds arbitrator’s award requiring removal of unauthorized common element modifications
The owner had made certain modifications to the common elements (namely the erection of screens on the owner’s exclusive-use common elements) without prior approval from the condominium corporation. The condominium corporation obtained an arbitration award requiring that the screens be removed. The owner appealed the arbitrator’s award to the Court. The Court dismissed the appeal. The Court said that the modifications contravened Section 98 of the Condominium Act, as well as the corporation’s Declaration and Rules.
https://www.canlii.org/en/on/onsc/doc/2021/2021onsc1181/2021onsc1181.pdf