27/01/2025 – Jurisdiction Ontario
Part 89 published on 01/03/2025
Corporation responsible for owner’s required alternate accommodation
The Applicant sought urgent interim relief after experiencing repeated sewage backups in her newly acquired condominium, alleging that YRSCC 1510 had not adequately addressed the issue. The Court held that the condominium corporation had not acted reasonably and with proper haste to address the sewage backups and was in violation of Section 117 of the Condominium Act. The Court ordered the condominium corporation to cover the cost of the Applicant’s required alternate accommodation. The Court said:
In my view, in these circumstances, fair and equitable relief is for the corporation to pay for the applicant’s comparable alternate accommodation until the sewage issues affecting her unit are resolved. The uncontested evidence is that the applicant used up her insurance coverage for a short-term rental in the summer. She made temporary arrangements with a family member for the months following the expiry of that coverage, but that arrangement is no longer available to her. Her evidence demonstrates that she has been unable to locate a short-term rental and that she is unable for financial reasons, given her current constraints, to enter into a long-term lease.