The applicant condominium corporation brought a compliance application against the respondent unit owner, who suffered from a hoarding disorder.
The parties resolved the underlying application by consent order but could not agree on costs.
The applicant sought partial indemnity costs of $37,407.79.
The court found that while the respondent was not morally blameworthy, the innocent unit owners should not bear the cost of compelling compliance.
The court awarded partial indemnity costs of $25,000, reducing the requested amount due to duplication, unnecessary steps, and unrecoverable expenses.
