31/03/2022 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Court orders owner to comply with Fire Department Order
On application of the condominium corporation, the Court ordered the owner to comply with an order issued by the Toronto Fire Department (to bring the unit into compliance with various fire regulations) as well as other related matters. The Court also ordered the owner to pay all of the condominium corporation’s costs, on a full indemnity basis. The Court said:
The Condominium Corporation itself is potentially liable for many of those hazards if it does not take steps to remediate them. Section 26 of the Condominium Act deems the corporation to be the occupier of common elements for liability purposes. Section 1.2.1.1 of the Ontario Fire Code obligates the “Owner” of a property to carry out the provisions of the fire code. The term “Owner” is defined in s.1.4.1.2 as “any firm, person or corporation having control over any portion of the building or property under consideration and includes the persons in the building or the property.” The Condominium Corporation falls within the definition of “Owner” and is therefore obligated to ensure that the respondents comply with the Ontario Fire Code and the Fire Protection and Prevention Act.
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The underlying principle supporting full indemnity costs to condominium corporations is that if they are not entitled to full indemnity costs, it is the other unit holders who effectively bear the legal costs that have been incurred by an offending unit holder’s conduct. That has been deemed to be inappropriate.