11/10/2016 – Jurisdiction Ontario
Part 57 published on 03/01/2017
Owner’s claim against condominium corporation dismissed; however, costs in Small Claims Court limited to 15% of claim
The owner claimed damages for alleged negligence, oppression and defamation in relation to an incident on the property when his vehicle collided with the door of the condominium’s underground garage. The owner’s claim was dismissed.
On the question of costs, the Court held that the condominium corporation could recover no more than 15% of the amount of the claim, in accordance with section 29 of the Courts of Justice Act (relating to costs on claims in Small Claims Court).