Christopher J. Jaglowitz

The applicant condominium corporation sought a compliance order against a unit owner who carried out extensive, unauthorized renovations that altered the common elements.

The respondent argued the application was barred because the applicant failed to mediate or arbitrate the dispute first.

The court held that mediation is not required for disputes regarding initial compliance with section 98 of the Condominium Act.

The court granted the compliance order, allowing the applicant to inspect the unit and restore the common elements, but found insufficient evidence to order a full repair of the unit under section 92.

A common elements condominium corporation sought to recover unpaid common expenses and interest from the unit owners of a related condominium corporation.

The court held that the applicable limitation period for the debt claim was two years under the Limitations Act, and claims arising earlier were statute‑barred.

The court further found that expired condominium lien rights could not be revived by recharacterizing arrears as damages under the Condominium Act.

Because the dispute concerned accounting and reasonableness of common expenses under the declaration and by‑laws, the court held the parties were required to pursue mediation and arbitration before litigation.

Most of the claim was dismissed and the remaining issues were directed to mediation/arbitration.

The applicant condominium corporation brought a motion for a finding that the respondent unit owners failed to comply with a previous court order requiring them to clean their unit and permit extermination of a severe cockroach infestation.

The court found the respondents in breach of the previous order and the Condominium Act, noting their continued refusal to allow entry and their persistence in living in unhealthy conditions.

The court granted a compliance order permitting the applicant to enter the unit to conduct necessary cleaning and extermination treatments, with costs awarded to the applicant on a full indemnity basis.