David J. Wilson

The applicant sought leave to appeal an arbitration award interpreting a Condominium Services Agreement (CSA) between a condominium corporation and a service provider.

The arbitrator had ruled that the CSA permitted the service provider to include profit in fee increases during the COVID-19 pandemic when services were curtailed.

The applicant argued the arbitrator erred by allowing the factual matrix to overwhelm the contract language, failing to construe the contract as a whole, and relying on subjective intentions.

The court granted leave to appeal on these extricable questions of law but dismissed the appeal, finding no errors of law.

The court also rejected allegations of bias.

The court dismissed two motions brought by the defendant, Y.Y.G.M. SA (“YYGM”): a motion for summary judgment on the basis of expired limitation periods, and a motion to dismiss or stay the action as an abuse of process due to alleged multiplicity of proceedings.

The court found genuine issues requiring trial regarding the applicable limitation periods for negligent misrepresentation and breach of contract claims, including the enforceability of Connecticut choice of law clauses and the factual circumstances of the oral and written agreements.

The court also rejected the abuse of process argument, finding no parallel proceedings against YYGM and no substantial prejudice.

Costs were awarded to the plaintiffs.