Part 4 published on 01/11/03
Mediation and arbitration not mandatory for breach of the Act
The Condominium Corporation brought an application pursuant to Section 134 of the Condominium Act, 1998 for a cease and desist order against the owners of one of the units. The court considered the various allegations relating to the conduct of the owners. The court said that allegations which would amount only to contraventions of the corporation’s declaration, by-laws or rules were subject to mandatory mediation and arbitration under Section 132 of the Act. However there was no need to resort to mediation or arbitration in relation to a breach of the Act. This would include, for example, conduct which is likely to cause damage to property or harm to individuals as described in Section 117 of the Act.
The court ordered a trial of an issue relating to the allegations under Section 117 of the Act, in order to resolve questions of credibility.