Part 46 published on 01/05/14
On appeal, costs in Small Claims Court matter reduced. Appeal on question of Plaintiff’s request for records dismissed
The Plaintiff had sued for production of records, pursuant to Section 55 of the Condominium Act, 1998. The Small Claims Court had dismissed the Plaintiff’s claim. [See Condo Cases Across Canada, Part 43, September 2013.]
The Small Claims Court had also awarded costs of $2,000 in favour of the condominium corporation.
The Owner appealed. The appeal was dismissed “on the central issue regarding what constitutes a record under s. 55 of the Condominium Act, 1998”. However, the Appeal Court reduced the cost award to $150. The Court said:
In my view, the deputy judge erred in penalizing the applicant in costs for conduct that related to his dealings with his condominium corporation and not with respect to how he conducted himself within the proceeding that was before her.