27/02/2017 – Jurisdiction Ontario
Part 58 published on 01/06/2018
Owner and condominium corporation reach settlement of dispute except in relation to costs. Court nevertheless declines to make any order respecting costs
This was a dispute between a condominium corporation and an owner respecting work in the owner’s exclusive-use rear yard. The corporation claimed that the owner had undertaken excavations and grading changes in the rear year without proper authority. The owner claimed that the corporation had failed to correct grading and drainage deficiencies and that his work was therefore necessary to prevent water penetration.
The parties reached a settlement of the dispute, except in relation to costs. The Court declined to make any order as to costs. The Court said:
The parties in the present case each invite the court to examine the evidence in the affidavit material and to embark upon a detailed consideration of the merits of their respective claims, with a view to persuading the court that the outcome, as represented by the Minutes of Settlement, vindicated their position and that they acted reasonably, whereas the opposing party acted unreasonably.
In my view to embark upon this exercise would be … inappropriate and would risk being manifestly unfair.
