31/01/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Courts finds no oppression. Court dismisses condominium corporation’s applications under Sections 113 and 135 of the Condominium Act.
The condominium corporation applied for relief under sections 113 and 135 of the Condominium Act, 1998 in relation to a Shared Amenities Agreement (SAA) between the parties. The condominium corporation alleged that the provisions of the SAA were not adequately disclosed to unitholders at the time of their purchases and that the SAA and its operation produces a result that is oppressive or unconscionably prejudicial to LSCC 41 and its owners.
The Court held that the condominium corporation’s complaints “do not rise to the level of establishing oppression” and dismissed the condominium corporation’s applications.
This leaves the parties to resolve their disputes by way of arbitration respecting the application of the SAA. [See Condo Cases Across Canada, Part 66, June 2019.]
The Court said:
The parties do not have to get along with each other. But they do have to coexist. It may be that the firm hand of an arbitrator is required to resolve the multiple disputes between the parties concerning the disclosure of financial information, the production of other documents, the allocation of expenses and all other disputes relating to the operation of the SAA. This is the mechanism provided for in the SAA, and the parties should simply get on with it.
Leeds Standard Condominium Corporation No. 41 v. Tall Ships Landing