The applicant condominium corporation sought to set aside an arbitration award that dismissed its claim against the respondent unit owners for allegedly breaching a Section 98 Agreement regarding renovations.
The applicant argued the award was obtained by fraud based on new evidence from former board members.
The court dismissed the application, finding the applicant failed to prove fraud, did not act with due diligence, and the new evidence would not have changed the outcome.
The court also denied leave to appeal, concluding the arbitrator's interpretation of the agreement was a question of mixed fact and law, and any legal errors would not significantly affect the parties' rights.
