Apartments International Inc. v. Metropolitan Toronto Condominium Corporation No. 1170

On appeal to the Ontario Court of Appeal, the decision of the applications judge was upheld. The Appeal Court held as follows:

• The rules of the condominium corporation properly prohibited the use of the units for “transient or hotel purposes”.
• The condominium directors were statutorily obliged to enforce the rules.
• There was no unlawful conduct on the part of the directors.
• The owner failed to establish any triable issue on the question of economic loss.