28/09/16 – Jurisdiction Ontario
Part 55 published on 01/09/16
Condominium corporation awarded “normal” costs after successfully defending owner’s claim in Small Claims Court
Part 55 published on 01/09/16
Condominium corporation awarded “normal” costs after successfully defending owner’s claim in Small Claims Court
The condominium corporation had successfully defended the owner’s claim for alleged non-production of records under section 55 of the Condominium Act, 1998. The Court then determined the corporation’s right to costs of the proceeding. The Court awarded the corporation “normal” costs in small claims court (15% of the amount claimed). The Court declined to award higher costs because:
a) The indemnification provision in the corporation’s Declaration (obligating owners to cover certain costs incurred by the corporation) did not apply;
b) There was no basis (pursuant to section 29 of the Courts of Justice Act) to penalize the plaintiff with higher costs (because of the way the plaintiff conducted the litigation).