The plaintiff brought a motion for summary judgment seeking to evict the defendant from her condominium unit and for damages for unpaid condominium fees and loss of opportunity.
The defendant, who had occupied the unit since 2011 under an oral agreement to pay condominium fees, refused to vacate and counterclaimed for reimbursement of fees paid.
The court granted summary judgment, finding the defendant was a trespasser and ordering his eviction.
The court awarded $38,765 in damages for unpaid condominium fees but declined to award damages for loss of opportunity.
The defendant's counterclaim was dismissed as lacking merit and being barred by issue estoppel from prior Landlord and Tenant Board proceedings.
