The applicant brought an oppression application arising from prolonged noise and vibration from elevators and mechanical equipment affecting a condominium unit.
The court held that the condominium corporation failed to adequately repair and maintain the common elements after years of investigation with little meaningful action, and that its reliance on an alleged by-law issue concerning a converted room was a red herring.
Applying the oppression framework, the court found the applicant's reasonable expectations were breached and that the respondent's conduct amounted to oppression, unfair prejudice, and unfair disregard.
The court awarded $30,000 in damages, dismissed the records-production and $150 fee claims, and remained seized to supervise remedial steps.
