09/11/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
Court determines amounts secured by condominium’s lien
The Court held a summary trial to determine amounts owing under two liens which were registered by the condominium corporation on a condominium unit owned by the Defendants. The Court held has follows:
- The liens in question were registered in time.
- The liens secure common expense arrears owed by the Defendants in the amount of $14,321.79.
- The liens also secure amounts awarded to the condominium corporation in other Court proceedings between the parties, totaling $39,391.00.
- The liens also secure legal fees and disbursements payable to the condominium corporation in the present proceeding – being $63,575 plus costs of the trial, still to be determined. [On this matter, the Court said that the costs incurred by the condominium corporation were “reasonable”, but reduced the total ($84,767.16) by 25% for the following reason:
…the likelihood of some overlap with the court awarded full indemnity costs in the injunction proceeding and to reflect considerations of proportionality which I consider to apply to the charging of legal fees generally. The amount of $63,575 will be allowed, together with the trial costs, yet to be assessed.]
- The amounts found to be owing by the Defendants are also subject to interest at the rate of 12% (in accordance with the condominium corporation’s by-laws).
The Court declined to award any amount to the condominium corporation for legal costs incurred by the condominium corporation prior to the various Court processes. On this issue, the Court said that such costs could not be awarded because the condominium corporation had declined to mediate the particular issues (as requested by the Defendant) pursuant to Section 132 (4) of the Condominium Act, 1998.
Ottawa-Carleton Standard Condominium Corp. No. 671 v Friend et al. Nov 9 2021