11/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
Condominium corporation did not prove a violation of no-Smoking Rule
The Tribunal held that the condominium corporation had not proven a violation of the condominium corporation’s no-smoking Rule and ordered the condominium corporation to pay legal costs of $4000 to the owner. The Tribunal said:
OCSCC 656 was unreasonable in persisting in its accusations about Mr. Denize smoking without conducting an independent investigation and in the face of his repeated denials.
…
Given the persistence of OCSCC 656 in ignoring Mr. Denize’s protestations of innocence and its refusal to conduct even the most basic investigation into the matter, it is appropriate to award Mr. Denize the amount of $4,000 for his legal costs in this matter.
Ottawa-Carleton Standard Condominium Corporation No. 656 v. Denize