21/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
Condominium corporation failed to cooperate properly in relation to unit renovations. Owner awarded damages for oppression.
The Court held that the condominium corporation had acted oppressively in relation to the owner’s desired unit renovations. The Court ordered the condominium corporation “to reasonably cooperate with the Applicant to permit him to complete the renovations to his unit, including, but not limited to: (a) providing the Applicant with a reasonable schedule for completion of the renovations; (b) providing the Applicant with reasonable access to the service elevators; and (c) taking such steps as may be required to prevent further unnecessary delays.”
The Court also ordered the condominium corporation to pay special damages of $33,996.45 for storage and accommodation costs incurred by the owner due to the condominium corporation’s lack of cooperation (resulting in delays in the work).
The Court declined to award general damages.
The Court said:
…the Respondent has not adduced any evidence regarding any rules, policies or procedures that would apply to the situation and support the approach it adopted in this matter (including anything supporting a 20-minute time limit for the use of the service elevator). Nor has the Respondent adduced any evidence regarding: (a) any complaints made in relation to the renovation of the Unit or the use of the service elevator; and (b) any real communal interest that could in any way justify preventing the Applicant from having a habitable unit for numerous months. Finally, the Respondent has not responded to the evidence of the Applicant’s contractor and has adduced no evidence to support its general position that the renovations in issue could be completed in four days with only two 20-minute elevator uses. The conduct of the Respondent in the litigation supports the view that its conduct was arbitrary and unsupported the whole time.