On appeal, the lower court decision was overturned in most respects. 

According to the Court of Appeal, Section 134(5) of Ontario’s Condominium Act, 1998 allows condominium corporations to add to an owner’s common expenses all costs incurred by the corporation in obtaining an award of damages or costs in an order made against the owner or an occupier of the unit.  These costs can include: 

• Actual legal costs owing by the condominium corporation to its lawyer, including costs going beyond any costs which the court may have ordered the owner to pay. 
• All costs incurred in relation to an appeal in the matter.
• Any other costs – such as administration and managerial costs – incurred by the corporation in the matter, provided the condominium corporation can establish that those costs were incurred “in obtaining the Order”. 

The Court of Appeal did say, however, that costs incurred to enforce the order must be distinguished from costs incurred to obtain the order.  Costs incurred to enforce the order cannot be added to the owner’s common expenses under Section 134(5) of the Act.  However, such costs might be recoverable under Section 85 of the Act.