Part 50 published on 01/05/15
Court awards full costs to condominium corporation
In previous decisions, the Court had determined some of the amounts owed under numerous liens registered by the condominium corporation against various units owned by affiliated owners. [See Condo Cases Across Canada, Part 36, December 2011; Condo Cases Across Canada, Part 38, May 2012; and Condo Cases Across Canada, Part 49, February 2015.]
In this further decision, the Court determined that the condominium corporation was entitled to its reasonable legal fees and disbursements incurred in relation to the liens, in accordance with section 85 (3) of the Condominium Act, 1998. Those legal costs amounted to a total of $790,914.63. In its decision, the Court considered proportionality, and whether the fees being claimed were excessive in light of the amount of recovery. In light of the specific facts of the case, the Court concluded that the fees were reasonable and recoverable, pursuant to section 85 of the Act.