Antonio G. Casalinuovo

The court determined the quantum of costs for the plaintiff, Turn-Key Projects, following a remittal from the Court of Appeal.

The Court of Appeal had found that Turn-Key was the successful party at trial, overturning the trial judge's initial decision to award no costs.

The court considered the parties' unreasonable positions on costs and applied Rule 57.01(1) of the Rules of Civil Procedure, emphasizing the plaintiff's partial success at trial (recovering 64% of the principal amount sought).

The court awarded Turn-Key $25,000 in all-inclusive costs.

The respondent was entirely successful in having the applicant's application dismissed and sought costs on a full indemnity basis.

The respondent relied on its status as a non-profit condominium corporation and the explicit terms of its declaration and by-laws, which provided for full indemnity costs.

The court found no reason to ignore the governing documentation and awarded the respondent its requested costs of $164,443.16 on a full indemnity basis.

The applicant, Keele Medical Properties Ltd., sought a declaration that it was exempt from a special assessment levied by the respondent, Toronto Standard Condominium Corporation No. 1786, and that the resulting condominium lien was invalid.

The applicant argued inadequate disclosure in status certificates and that the lien was statute-barred.

The court found that the status certificates provided adequate disclosure of the respondent's financial difficulties and potential for a special assessment.

It also determined that the commercial units owned by the applicant were never properly levied under a prior, invalid special assessment, thus the current lien was not statute-barred.

The application was dismissed, and the special assessment and lien were declared valid and enforceable.