Ontario « Jurisdictions

Couture v. TSCC No. 2187 (Ontario Superior Court)

Parking dispute results in finding of oppression against condominium corporation

Condominium corporation completed reasonable repairs to address smoke migration

Condominium corporation did not properly allocate common expenses; however, there was no oppression. Corporation also failed to enforce Declaration

Owner asserts human rights complaint in relation to alleged excessive noise from unit above. Claim dismissed

Court limits costs payable to condominium corporation

Forty percent increase in declarant’s budgeted common expenses may constitute a material change entitling purchaser to cancel transaction

Court refuses request for Mareva injunction to restrain declarant’s disposition of assets

Various common element projects fell within the board’s repair and maintenance mandate; owner involvement not necessary

Director entitled to be indemnified by condominium corporation in the absence of dishonesty or bad faith

Owner responsible for excessive water consumption

Class action certified in relation to claims of condominium residents for loss of use of balconies

Owners of units obligated to share in costs of joint sewage facilities