22/09/2021 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Court confirms validity of lien, including lien for enforcement costs
The Court was asked to consider the validity of a lien registered against the owner’s unit by the condominium corporation.
The lien covered costs of the condominium corporation under three key categories:
- Costs awarded to the condominium corporation by the Court in a previous case where the Court had ordered the owner (Mr. Evdassin) to allow the condominium corporation to enter his unit to carry out required replacement of Kitec plumbing. [See Condo Cases Across Canada, Part 72, December 2020.]
- “Additional actual costs” incurred by the condominium corporation in obtaining the above-noted Court order (which costs had been added to the lien pursuant to Section 134 (5) of the Condominium Act).
- Costs incurred by the condominium corporation due to other violations by Mr. Evdassin.
Mr. Evdassin argued that the condominium corporation was only entitled to recover and to lien for the costs under Category 1 (namely the costs that had been specifically awarded to the condominium corporation by the Court). The Court disagreed and upheld the lien.
Editorial Note: This decision contrasts with previous rulings in the case of Amlani v. YCC 473 where the Court held that a condominium corporation can only lien for enforcement costs after obtaining a compliance order (based upon Section 134 (5) of the Condominium Act).
Toronto Standard Condominium Corporation No. 1724 v Evdassin