21/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Appeal Dismissed. Legacy agreement terminated.
The lower Court determined that smoke from within the Respondent’s unit was disturbing other residents in contravention of a legacy agreement between the parties. The lower Court terminated the legacy agreement and set certain smoking restrictions for the Respondents and their guests. [See Condo Cases Across Canada, Part 84, December 2023.]
The Respondents appealed. The appeal was dismissed. The Court of Appeal said that the lower Court Judge did not fail to deal with, and did not misapprehend, any relevant evidence and also did not treat the Respondents unfairly.
Halton Condominium Corporation No. 61 v. Kolarovaliev, 2024 ONCA 848