02/21/2019 – Jurisdiction Ontario
Part 65 published on 01/03/2019
Court awards substantial indemnity costs to Co-tenancy Committee under terms of Co-tenancy Agreement
This was a dispute respecting the rights of co-owners under the terms of a co-tenancy agreement. The Applicants claimed that certain provisions of the co-tenancy agreement were not valid or enforceable. The Court ruled against the Applicants, finding that the particular provisions were indeed valid and enforceable.
In terms of costs: The Court noted that the co-tenancy agreement contained provisions requiring that each owner indemnify the other owners and the Co-tenancy Committee for any costs caused by the owner’s acts or omissions. On the basis of those provisions, the Court awarded costs payable by the unsuccessful Applicants to the Co-tenancy Committee on a substantial indemnity basis.
Editorial Note: This case is under appeal.
Chapadeau v. Devlin – Costs Decision – released January 10, 2019