Two condominium corporations disputed responsibility for utility costs associated with shared cooling towers located on the respondent’s property but servicing the applicant’s building.
The applicant sought a stay of a Superior Court action commenced by the respondent and requested that the dispute proceed through mediation and arbitration pursuant to a Shared Facilities Agreement and s.132 of the Condominium Act, 1998.
The court held that the agreement and statute required disputes between condominium corporations concerning shared facilities to proceed through mediation and arbitration.
The respondent’s argument that the matter should remain in court due to an unjust enrichment claim was rejected, as arbitral tribunals may grant equitable remedies under the Arbitration Act, 1991.
The court stayed the Toronto action and directed the parties to follow the contractual and statutory dispute resolution process.
