The respondent condominium corporation sought an order requiring the moving party unit owners to sell their unit or comply with the condominium's rules following a series of disputes between neighbours.
The moving parties moved to stay the application, arguing the dispute must first be mediated and arbitrated pursuant to s. 132(4) of the Condominium Act, 1998.
The court found that the core of the dispute related to the condominium's declaration, by-laws, and rules, rather than statutory breaches of ss. 117 and 119 that would bypass arbitration.
The court granted the motion and stayed the application pending mediation and arbitration, awarding costs to the moving parties.
