Part 30 published on 01/05/10
Court refuses to stay action started by owner
One of the condominium owners started a claim against the developer for various matters related to the owner’s purchase of several units. A separate proceeding had been commenced against the developer by the condominium corporation, on it own behalf and on behalf of all owners. The developer asserted that the owner’s claim should be stayed, in light of the claims made by the condominium corporation. The court refused to stay the owner’s claims. The courts reasons included the following:
“In my view, the language of the Ontario Condominium Act, 1998 merely grants a condominium corporation the ability to commence an action for damages and costs in respect of common elements. It does not hinder or remove the ability or legal capacity of an individual unit owner to maintain an individual action with respect to its own property in appropriate circumstances, nor does it necessarily preclude the possibility of individual action with respect to common elements.”
The claims in the two actions were found to be separate and distinct. Furthermore, any overlap or potential double recovery could be addressed by later order of the Court.