Part 11 published on 01/08/05
Mediation and Arbitration did not apply to dispute about door colour
The condominium corporation sought to recover, from the owner, costs which the condominium corporation had incurred in attempting to arrange mediation and arbitration of a dispute with the owner. The dispute related to the improper colour of a door installed by the owner. After the Condominium Corporation had requested mediation and then arbitration of the dispute (but before any mediation or arbitration had been held), the owner arranged for the door to be painted the proper colour. That resolved the dispute about the door. However, the condominium corporation sought recovery of the costs incurred in attempting to arrange the mediation and arbitration.
The Court said that the mandatory mediation and arbitration provisions did not apply to this dispute. Therefore, the condominium corporation was not entitled to recover the costs incurred by it in seeking to follow those procedures. The Court stated as follows: “If (the condominium corporation) felt compelled to pursue (the owner) for its costs even after the door was repainted, its proper remedy was to apply directly to the Court for an order enforcing compliance with the Act under section 134 (1).”