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The Court of Appeal upheld the dismissal of a condominium owner's oppression application and enforced a lien for a special assessment.
The appellant appealed the dismissal of her oppression application and the granting of summary judgment to enforce a condominium lien.
The appeal concerned whether a special assessment for repairs was remedial work under s. 97(1) of the Condominium Act, thereby not requiring a member vote, and whether the condominium's conduct constituted oppression.
The Court of Appeal found no error in the motion judge's determination that the work was remedial, upheld the oppression analysis, and affirmed the summary judgment, concluding there was no genuine issue requiring a trial.
Condominium oppression application regarding neighbour's medical equipment noise dismissed as corporation acted reasonably.
The applicant condominium owner sought an oppression remedy against the condominium corporation regarding nighttime noise from the unit above, which was generated by medical equipment and nursing care for a disabled child.
The court found that the corporation had investigated the complaints, obtained expert reports, and acted reasonably.
The application was dismissed as the corporation had no authority to compel the neighbouring owner to renovate their unit, and the corporation's conduct was not oppressive.
