The respondents moved to stay an application brought by the applicant, TSCC 1628, in favour of arbitration.
The application sought remedies under the Condominium Act, including for oppression (s. 135) and false/misleading statements (s. 133), against TSCC 1636, Soho Grand Condominiums Inc., and Soinco Limited.
The respondents argued the dispute fell under an arbitration clause in a Reciprocal Agreement and s. 132 of the Condominium Act.
The court denied the motion to stay, finding that the essence of the dispute was the allegedly oppressive conduct of Soho in imposing the Reciprocal Agreement, and that remedies under ss. 133 and 135 of the Condominium Act are exclusively within the Superior Court's jurisdiction.
The court also emphasized avoiding multiplicity of proceedings by keeping all related claims in one forum.