Part 56 published on 01/11/16
Condominium owner’s human rights claim against condominium corporation’s lawyer dismissed
A condominium owner asserted separate human rights claims against (1) the condominium corporation, its directors and its manager, and (2) against the condominium corporation’s lawyer. On a motion, the claim against the lawyer was dismissed, based on the fact that there is no service relationship between the claimant owner and the condominium corporation’s lawyer. The Tribunal said:
The fact that (the owner) sent correspondence to the law firm and the law firm reviewed the correspondence on behalf of its client, the Condominium Corporation, does not establish a service relationship between the law firm and the (the owner). The law firm is representing its client which is adverse in interest to the applicant in this matter. Likewise, the fact that the Condominium Corporation sought to be reimbursed for these legal fees from (the owner) does not create a service relationship between the counsel and (the owner).