08/03/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Court sets aside cost award of the Condominium Authority Tribunal (CAT)
The Condominium Authority Tribunal (CAT) had dismissed an application by an owner, but nevertheless ordered the condominium corporation to pay $200.00 in costs to the unsuccessful owner. This was based upon the reasoning that the owner’s application was “novel and within a new area of jurisdiction for the CAT, and that the (owner) was not unreasonable in pursuing the dispute despite being unsuccessful”.
On appeal, the Divisional Court set aside the cost award. The Court said:
The novelty and reasonableness of bringing the claim may be relevant factors which would have supported no costs being awarded against the Respondent, the unsuccessful party, but are not relevant factors in support of an award of costs against the successful party, the Appellant. In the absence of a finding of bad faith or misconduct, it was an error of law to award costs against the Appellant.