Part 27 published on 01/08/09
Owner’s claim against condominium corporation was subject to mandatory mediation and arbitration.
A condominium owner asserted a claim, in Small Claims Court, against the condominium corporation and the corporation’s manager. The owner claimed for the following:
(a) Compensation for work performed by the owner;
(b) General damages for unsatisfactory or objectionable conduct by the representatives of the condominium corporation;
(c) Punitive damages.
The Court said that the claim was subject to mandatory mediation and arbitration under Section 132(4) of the Condominium Act, and dismissed the claim. The Court’s reasons included the following:
- “… I agree with the submission of defence counsel that the real gist or pith and substance of the claim appears to relate to maintenance and repair of the condominium unit’s common elements.”
- Furthermore, the Court did not see any basis for any separate or additional claim against the management company (which might not be subject to mandatory mediation).
The Court decided to dismiss the claim (rather than stay the claim) because “the only Court proceedings which would be available following arbitration, if the matter is not resolved by then, would be an appeal from the arbitrator’s award. Such an appeal would proceed not in this Court but in the Superior Court of Justice. There is no further need for this Court’s involvement.”