Fatima Vieira

The applicant condominium corporation sought to enforce an arbitration award against the respondent condominium corporation and their shared property manager.

The applicant also sought an injunction and an oppression remedy regarding disputed chargebacks and ongoing management fees.

The court granted the order enforcing the arbitration award but dismissed the requests for an injunction and oppression remedy, finding that the parties' agreements required those disputes to be resolved through arbitration.

The applicant condominium corporation brought an undefended application against the respondent unit owners and their occupant for egregious behaviour that disturbed the quiet enjoyment of the property.

After a previous order required the occupant to vacate the unit and stay away from the property, the applicant sought a declaration against the unit owners for failing to take reasonable steps to ensure their occupant complied with the Condominium Act and the condominium's rules.

The court granted the requested declaration and awarded costs to the applicant.

The moving party brought a motion to discharge a certificate of pending litigation (CPL) that was granted to the responding party ex parte.

The court found that the responding party failed to make full and fair disclosure of material facts on the ex parte motion, including provisions in the agreement of purchase and sale prohibiting the registration of a CPL and disavowing any legal or equitable interest in the property.

The court also found that the property was not unique to the responding party, as it was purchased as an investment.

The motion was granted, the CPL was discharged, and costs were awarded to the moving party.