13/04/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Court determines costs payable by owner in relation to lien collection
The Court determined the amount of costs payable by the owner under the condominium corporation’s lien. The costs included amounts incurred by the condominium corporation to defend the owner’s counterclaim asserted in the condominium corporation’s action for possession under the lien. The Court determined that all of the condominium corporation’s claimed costs were reasonable. The Court said:
The Condominium incurred significant additional legal fees to investigate and respond to Ms. Pang’s claims. Counsel for the Condominium spent approximately 70 hours reviewing the statement of defence and counterclaim, investigating Ms. Pang’s claim, preparing a reply and defence to the counterclaim, and preparing affidavits in support of the summary judgment motion. This work was all necessitated by the position Ms. Pang took in her statement of defence and counterclaim and those legal expenses are reasonable.