Part published on 01/01/70
Dispute respecting the sharing of costs related to a shared parking garage
This was an appeal from the trial judge’s determination of the rights and responsibilities of the parties under a written “parking garage agreement”. First Royal Management Inc. owns and operates a commercial underground parking garage below a residential condominium building. The condominium corporation made claim for recovery of expenses which it felt were owed to it under the terms of the parking garage agreement. The trial judge ordered that various amounts be paid to the condominium corporation. The condominium corporation felt, however, that additional amounts were owing and appealed for recovery of those additional amounts. The Ontario Court of Appeal upheld the trial judge’s decision, and dismissed this appeal.
The garage owner also cross-appealed the decision of the trial judge, asserting that amounts owing before July 4, 1995 were statute-barred by the provisions of the Statute of Limitations. The Court of Appeal agreed and allowed this cross-appeal.
Costs of the appeal were awarded to the garage owner.