The applicant brought a contempt motion and sought ancillary relief arising from an earlier order requiring the condominium corporation to take reasonable steps to ensure her quiet enjoyment, while also asking the court to adjudicate damages within the application.
The court held that the damages claim should proceed by action because the same claim was asserted in a companion action and proper adjudication required the participation of all relevant defendants and related crossclaims.
Applying the civil contempt standard, the court found no deliberate or wilful breach of the prior order beyond a reasonable doubt, particularly because the complained-of post-2013 noise was consistent with ordinary residential living.
The contempt motion was dismissed.
The respondent was awarded $20,000 in costs on the motion.
