16/03/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
Condominium corporations obligated to share certain repair and maintenance costs based upon the principle of unjust enrichment
The Applicant claimed that the Respondents were obligated to share in the cost for the required replacement of certain electrical equipment located on the property of the Applicant condominium (but which also benefitted the Respondent condominiums), based upon the principle of unjust enrichment. The Court agreed. The Court said:
The court finds that the principles of unjust enrichment apply in this case to require both 656 and 522 to share equitably in the costs to be incurred by 519 for the replacement of the ESG (electric switchgear), in costs previously incurred for emergency work in November 2021 when the ESG malfunctioned, and for the deposit to Hydro-Ottawa for planning/designing work in connection with the ESG replacement. The court further finds that equitable sharing of such costs does not contravene and is consistent with the respective Declarations of the three condominium corporations in this proceeding.