Senchire v. Summerhill Property Management and Metropolitan Toronto Condominium Corp. No. 856 (Ontario Superior Court)

The applicants were the owners of parking units in the respondent condominium corporation.  The owners asserted that they should not be required to pay common expenses (in relation to the parking units) in part because no such common expenses had been charged until recently.

The Court held that common expenses were payable by the owners of the parking units in accordance with the Declaration.  The Court said:

While I can fully appreciate that the historical practice of the MTCC 856 prior to the new management company coming on board may have caused confusion, it is the terms of the Declaration itself that I must apply.