3 total
Divided success in condominium governance dispute justified no costs order.
Following an application and counter-application concerning the disqualification of a condominium director after an ethics review, the court addressed the issue of costs.
The applicant succeeded in having the disqualification set aside but failed to obtain a declaration that a condominium by-law provision was invalid and was not reinstated as a director pending a fresh ethics review.
The respondents successfully resisted part of the application but failed entirely on their counter-application.
The court held that the case reflected divided success, though it criticized the respondent corporation’s ethics review process as unfair for failing to disclose the substance of the allegations in advance.
Exercising its discretion, the court ordered that no costs be payable by either party.
Reconsideration request denied as applicant failed to prove he did not receive notice of hearing.
The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned after he failed to attend a scheduled teleconference summary hearing.
The applicant claimed he did not receive notice of the hearing and objected to the teleconference format.
The Tribunal denied the reconsideration request, finding no credible evidence that the applicant failed to receive notice through no fault of his own, noting his contradictory statements and the successful delivery of other correspondence to his address.
Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.
The applicant filed an application under section 34 of the Human Rights Code.
A summary hearing was scheduled by teleconference to determine if the application had a reasonable prospect of success.
The applicant failed to attend the hearing despite receiving proper notice.
Consequently, the Tribunal dismissed the application as abandoned.
