19/01/2018 – Jurisdiction Ontario
Part 61 published on 01/03/2017
Court upholds lien for recovery of legal costs for enforcement letters sent to owner. Payments also properly applied to oldest arrears.
The condominium corporation had incurred legal costs for delivery of enforcement letters from the corporation’s legal counsel to the owner. The corporation had liened the owner’s unit for recovery of those legal costs (plus all related collection costs).
On a summary judgment motion, the Court upheld the lien and granted judgment in favour of the condominium corporation. The Court said that the condominium corporation was properly able to recover the legal costs, by way of lien, in accordance with indemnification provisions contained in the corporation’s declaration and by-laws. Furthermore, the lien was not out of time because the debt had been “rolled forward” due to payments from the owner being applied to the oldest arrears.