This application concerned claims of oppression and declaratory relief brought by 37 townhouse unit owners against their condominium corporation.
The applicants alleged unfair treatment by a high-rise dominated Board of Directors, specifically regarding charges for interlock paving/steps, retroactive water charges, maintenance/landscaping/snow removal, and amenities, as well as inadequate notice practices.
The court found that the Corporation was responsible for the costs of interlock repairs and retroactive water charges due to lack of proper notice and inconsistent application of the Declaration.
It also declared the Corporation responsible for landscaping and snow removal for townhouse verandas and steps.
While the charge for amenities was deemed valid, the court urged regularization by bylaw and emphasized the need for proper notice delivery methods.
The court found the Board's management to be poor and unprofessional but ultimately concluded that their actions, while close to oppression, did not meet the legal threshold for an oppression remedy.
