The applicant unit owner sought an oppression remedy against the respondent condominium corporation, alleging it failed to repair and maintain common elements (exhaust fans) that were causing noise and vibration in her unit.
The court found that the corporation had regularly inspected and maintained the fans, and that the noise was not caused by a failure to repair.
The court also held that the corporation responded reasonably to the applicant's complaints over several years by hiring experts and replacing equipment, and therefore its conduct was not oppressive or unfairly prejudicial.