An Nguyen

The applicant sought an order for the forfeiture of a $62,000 deposit from the respondent assignee, Ke Ma, and its release from the brokerage, Homelife Best Choice Realty Inc., Brokerage, following the non-completion of an assignment agreement for a pre-construction property.

The court found that while the applicant failed to fully satisfy a condition precedent (obtaining the vendor's written consent in the required form), the respondent assignee breached her contractual obligation to cooperate by failing to communicate objections to the vendor consent form in a timely manner.

This breach prevented the condition from being cured and fulfilled.

Consequently, the respondent's default led to the forfeiture of the deposit as per the terms of the assignment agreement.

The applicant unit owner sought an oppression remedy against the respondent condominium corporation due to excessive noise and vibrations emanating from an adjacent garbage room.

The applicant endured the noise for over a decade while the corporation responded in a delayed and piecemeal fashion, eventually halting approved remediation work when the application was commenced.

The court found that while the applicant did not provide expert evidence to prove the corporation's proposed remediation plan was inadequate, the corporation's inexcusable delay and retaliatory stoppage of work unfairly disregarded the applicant's interests.

The court awarded $30,000 in damages for oppression and ordered the corporation to complete the approved remediation work.

The applicant sought a declaratory order that the respondents breached a prior court order requiring them to permit cleaning and insecticide treatment of their condominium unit.

A trial of an issue was ordered to clarify events surrounding the attempted compliance.

The court found confusion in the instructions provided by the applicant's agent, which likely led the respondents to believe they had adequately prepared the unit.

Consequently, the court was not prepared to find a breach of its order and dismissed the applicant's request for declaratory relief.

The plaintiff, EcoConcepts Management Services Inc., and the third parties (former board members) each moved for summary judgment against Peel Condominium Corporation No. 260.

The dispute arose from the termination of EcoConcepts' management contract, which included a highly contentious termination clause requiring payment for the remainder of a five-year term.

Allegations of fabricated documents, improper board authorization, and bad faith were central to the defendant's counterclaim and third-party claim for contribution and indemnity.

The court dismissed both motions for summary judgment, concluding that genuine issues of material fact, particularly concerning credibility and the circumstances surrounding the 2013 Agreement's authorization, required a full trial for a fair and just determination.