The plaintiff sued his condominium corporation and mortgagee for damages arising from a long-running dispute over replacement windows, condominium arrears, lien enforcement, mortgage default, eviction, and power of sale.
On summary judgment motions, the court held that most issues had already been conclusively determined in prior orders, including the condominium arrears, the mortgagee's payment of those arrears, the resulting default under the charge, possession, and the propriety of the sale process, such that res judicata, cause of action estoppel, and issue estoppel barred relitigation.
The court also held that the claims against the condominium corporation were independently statute-barred under s. 4 of the Limitations Act, 2002.
However, the bank failed to adduce sufficient documentary evidence concerning certain post-judgment management fees, post-judgment legal fees and expenses, and alleged post-judgment mortgage withdrawals, and those limited issues were left for trial.
