Part 55 published on 01/09/16
Owner permitted to continue claims for intentional interference, nuisance and conspiracy against condominium corporation and its directors
The plaintiff owned three retail units in the defendant condominium. The units were leased to tenants. The plaintiff brought claims against the condominium corporation and its directors as a result of the corporation’s alleged refusal to allow the plaintiff’s tenants to access and use certain areas of the common elements. The plaintiff alleged that the actions of the condominium corporation and its directors constituted “wrongful interference with the intention of causing damage to the plaintiff”, “nuisance”, and “conspiracy to cause injury to the plaintiff”.
The defendants brought a motion to strike out the claim on the ground that it disclosed no reasonable cause of action. The Court dismissed the motion and the claims were accordingly permitted to continue. In relation to the allegation of conspiracy, the Court said:
The pleadings state that conspirators agreed to and it was the objective to cause financial injury to the plaintiff by disrupting the businesses of the plaintiff’s tenants. Why they would wish to do so is unknown but in my opinion the alleged agreement to harm the plaintiff is sufficient to plead conspiracy.