Part 9 published on 01/02/05
Condominium Corporation entitled to costs beyond limits in Small Claims Court rules
An owner in the condominium asserted numerous claims against the corporation related to alleged failures on the part of the corporation to fulfill its obligations. The claims also included claims for discrimination and harassment.
The court dismissed all of the claims. The court concluded that the litigation was “completely and utterly without merit”. The court noted that “the defence of an unfounded law suit by an owner in a condominium against the Corporation creates a financial burden which must be borne by all other owners in the development”. The court awarded the condominium corporation a counsel fee of $1,500.00 (an amount beyond the normal limits in Small Claims Court) in addition to all necessary disbursements. This award was made “with an attempt to obtain partial indemnification to the condominium corporation for its counsel’s costs which will undoubtedly be passed on to all owners”.