30/08/2022 – Jurisdiction Ontario
Part 79 published on 01/09/2022
Tribunal awards costs for the CAT proceeding on a partial indemnity basis
The Tribunal held that the owner had violated the condominium corporation’s governing documents pertaining to smoking and vapour, noise, parking and storage, odour, and other types of nuisance, annoyance or disruption. The Tribunal ordered the owner to comply and also ordered the owner to pay “Pre-CAT” costs incurred by the condominium corporation, based upon the indemnification provision in the corporation’s Declaration.
Finally, the Tribunal ordered the owner to pay “In-CAT” costs on a partial indemnity basis. The Tribunal said:
Legal fees not awarded as costs are ultimately paid by all owners of a corporation. It would be neither reasonable nor fair if the owners whose quiet enjoyment of their premises was disrupted by what I can only describe as Mr. Fernandes’ wilful refusal to comply with TSCC 2630’s rules were to be liable for all of the corporation’s cost of obtaining Mr. Fernandes’ compliance. I have reviewed the legal fees billed to TSCC 2630 for this proceeding and find that paying the partial indemnity legal fees is reasonable, especially as the proceeding was shortened by the non-participation by the Respondent. In the circumstances of this case, I do not need to rely on the indemnification provision of the corporation’s rules. Given the specific facts of the case, I am ordering Mr. Fernandes to pay costs of $2,767.10, of the legal fees the corporation incurred with respect to this proceeding.
Toronto Standard Condominium Corporation No. 2630 v. Fernandes