The applicants, Michael and Victoria Noguera, sought an oppression remedy under s. 135 of the Condominium Act, 1998, against Muskoka Condominium Corporation No. 22, alleging oppressive and unfairly prejudicial conduct.
This arose from a dispute over the Board's approval of structural changes to their units, the requirement for a s. 98 agreement, and restrictions on their use of common elements.
The Condominium brought a cross-application to re-examine the approval process.
The court found the Board's initial approval of the structural changes to be valid, rejecting claims of conflict of interest or lack of quorum.
It determined that the Condominium's subsequent actions, including demanding an overly broad s. 98 agreement and restricting common element use, were oppressive and unfair.
The court ordered the parties to enter into a modified s. 98 agreement, permitted the applicants to use the lakeside path, and awarded them $10,000 in general damages.
The Condominium's cross-application was dismissed.
