09/12/13 – Jurisdiction Ontario
Part 5 published on 01/02/04
Court of Appeal confirms appointment of administrator but revises cost award
Part 5 published on 01/02/04
Court of Appeal confirms appointment of administrator but revises cost award
This was an appeal from the lower Court’s decision to appoint an administrator. (See Condo Cases Across Canada – Issue No. 1.)
The appeal was dismissed, in part.
The Ontario Court of Appeal found that there was evidence to justify the lower Court’s decision to appoint an administrator. However, the Court of Appeal did alter the order with respect to costs. The court said that an award of costs on a substantial indemnity basis (ie. essentially 100% recovery of costs) was not justified because there was no wrongdoing on the part of the respondents of the sort required to justify a cost award on that higher scale. The Court of Appeal said that costs should be awarded only on the normal, partial indemnity, basis.