Part 55 published on 01/09/16
Owners claim against condominium corporation, in small claims Court, dismissed. Owner ordered by pay costs of $20,000
The owner brought a claim against the condominium corporation in Small Claims Court for total damages of $2,525.14 for alleged harassment, for recovery of costs for clean-up of pigeon droppings (charged to the owner by the corporation), and for recovery of costs for legal advice obtained by the owner. After a three-day trial, the owner’s claims were dismissed and the condominium corporation was awarded costs of $20,000. The Court said:
I recognize that the plaintiff was not prepared for trial and that she was disorganized; this directly contributed to unnecessarily prolonging the trial.
As such, and because her action was dismissed and because the condominium corporation has a Declaration, By-Laws and Rules providing for full indemnity, and especially because it would be unfair that the unit owners should bear all the costs of this litigation when the condominium corporation is unnecessarily sued, I allow costs in the amount of $20,000, inclusive of HST and disbursements. In arriving at this conclusion, I have also considered the principle of proportionality.
[Editorial Note: The owner has received leave to appeal the cost decision. Leave to appeal was granted by decision dated June 22, 2016.]