22/06/2020 – Jurisdiction Ontario
Part 72 published on 01/12/2020
Landlord (owner) not liable for costs caused by tenant. Owner had acted reasonably in attempting to address the noise complaints
The tenant had violated the condominium corporation’s Rules prohibiting excessive noise. Costs were awarded against the tenant (including “additional actual costs” under Section 134 (5) of the Condominium Act), but not against the landlord. The Court said:
933’s repeated failure to inform the Owner of the ongoing problems and its unreasonable demands to the Owner to terminate the tenancy while providing no evidentiary assistance for the Owner to obtain such relief, as well as the Owner’s willingness to consent to the relief obtained, all persuade me that this is a situation in which no order as to costs should be made as against the Owner, either under the Courts of Justice Act or the Condominium Act.