The applicant unit owner brought an application against the condominium corporation for breach of its duty to maintain and repair common elements and for oppressive conduct, stemming from a long-standing mould problem in her unit.
The condominium corporation brought a competing application, alleging the unit owner breached her duty to maintain her unit due to lifestyle choices.
The court admitted fresh evidence regarding water leakage and insulation issues.
The court found that the mould was primarily caused by building design issues related to common elements, not the unit owner's lifestyle.
While the condominium corporation eventually remediated the mould, its overall response was deemed unreasonably delayed and not timely enough, thus breaching its duty to repair and maintain common elements under the Condominium Act.
However, the court dismissed the oppression claim, finding that the corporation's conduct, though delayed, did not amount to oppression, unfair prejudice, or unfair disregard of the unit owner's interests.
The unit owner's application was allowed to the extent that the condominium corporation was ordered to pay for the remediation costs, subject to the unit owner's proportionate share of common expenses.
