Anthony Imbesi

The applicant condominium corporation sought relief under sections 113 and 135 of the Condominium Act, alleging that the respondent declarant failed to adequately disclose the provisions of a Shared Amenities Agreement (SAA) and that the SAA's operation was oppressive.

The court found that while the declarant failed to disclose that future phases of the development would not proceed, the applicant did not prove this non-disclosure produced an oppressive or unconscionably prejudicial result.

The court dismissed the oppression claims, noting the applicant had withheld its share of expenses for over five years and should utilize the SAA's arbitration mechanism to resolve its operational disputes.

The plaintiff surety brought a motion for summary judgment against the defendant indemnitors for payments made under performance and labour and materials bonds.

The defendants opposed the motion, arguing the plaintiff failed to produce relevant documents requested during cross-examination that were necessary to assess the reasonableness of the payments.

The court found that the plaintiff's blanket refusals to produce the requested documents resulted in an incomplete evidentiary record.

Consequently, the plaintiff failed to discharge its onus of showing there was no genuine issue requiring a trial, and the motion was dismissed.