The court recognized and enforced a Quebec default judgment in Ontario, finding no denial of natural justice where the respondent failed to act after its counsel withdrew.
The applicant sought to recognize and enforce a Quebec Superior Court default judgment in Ontario.
The respondent opposed enforcement, arguing lack of territorial jurisdiction, failure to consider the underlying contract's language, and insufficient notice period for appointing new counsel.
The court found the Quebec court had jurisdiction based on contract formation, dismissed arguments regarding the contract's language as irrelevant to the enforcement agreement, and held that the respondent's failure to act after receiving notice of counsel withdrawal and default proceedings did not constitute a denial of natural justice.
The motion was granted, and the Quebec judgment was recognized and rendered enforceable in Ontario.
Condominium corporation awarded $50,000 in substantial indemnity costs for trial to collect common expense arrears.
Following a trial where the plaintiff Condominium Corporation was substantially successful in collecting common expense arrears, the court determined the quantum and scale of costs.
The plaintiff sought $58,448.97, while the defendants proposed $32,000.
Applying section 85(1) of the Condominium Act, 1998 and considering the plaintiff's unaccepted Rule 49 offer to settle, the court awarded the plaintiff costs on a substantial indemnity basis, fixed at $50,000 inclusive of HST and disbursements, to be added to the liens registered on the defendants' unit.
Condominium liens upheld for common expenses and enforcement costs, but compliance legal costs disallowed for lack of mediation.
The plaintiff condominium corporation brought a summary trial to determine the amounts owing under two liens registered against the defendants' unit for unpaid common expenses, charge-backs, and legal costs.
The defendants, who had a long history of conflict with the condominium board, disputed the charges and the validity of the liens.
The court found the liens were validly registered and upheld the common expense arrears and charge-backs.
However, the court disallowed the plaintiff's claim for compliance legal costs because the plaintiff had failed to attempt mediation as required by the Condominium Act.
The court fixed the total amount secured by the liens at $117,287, which included a 25% reduction in the legal fees claimed for the lien enforcement proceeding.
