Gregory Mitchell Marley

The plaintiff condominium corporation moved for summary judgment against the defendants for common expense arrears, an unauthorized cheque, and declarations of oppression and breach of director's duty.

The defendants counterclaimed for oppression and raised a limitations defense.

The court dismissed the plaintiff's motion for summary judgment, finding genuine issues requiring a trial, particularly concerning witness credibility and the informal operation of the Board.

The court also noted that partial summary judgment was inappropriate due to the risk of duplicative and inconsistent findings given the shared factual background.

This is a costs endorsement following a motion to transfer a Small Claims Court action to the Superior Court of Justice.

The court previously ordered that the Defendants were entitled to costs thrown away from the Small Claims action.

In this endorsement, the court fixed the Defendants' costs thrown away at $4,000 on a partial indemnity basis.

The Plaintiff, who was successful in the transfer motion, was also awarded costs of the transfer motion, fixed at $4,000 on a partial indemnity basis.

The court ordered that these amounts be set off against each other, resulting in no net payment.

The court rejected the Plaintiff's argument for full indemnity costs for the procedural transfer motion, clarifying that such a higher scale for condominium corporations typically applies to collection-related costs after a trial on the merits.

The appellant appealed an arbitrator's awards concerning the use of condominium units and associated costs.

The arbitrator had found the appellant in breach of a single-family use restriction but granted a nine-month grace period for compliance, and awarded costs to the respondent.

The appellant sought to vary the compliance period and the costs award.

The court granted an extension of time for filing the appeal and leave to appeal on questions of law.

However, the court dismissed the appeal, upholding the arbitrator's findings regarding the condominium corporation's duty to enforce, the non-waiver provision, and the commercially reasonable time for compliance.

The appellant was ordered to pay the respondent's costs of the appeal.

A condominium unit owner brought an application seeking enforcement of condominium by-laws and damages after persistent excessive noise from an upstairs unit used as a dance studio interfered with quiet enjoyment.

Despite numerous complaints and security confirmations of excessive noise, the condominium corporation failed to enforce its own rules requiring noise abatement.

The court held that the corporation breached its statutory duty under s. 17(3) of the Condominium Act, 1998 to ensure compliance with its by-laws and that its conduct amounted to oppression under s. 135 by unfairly disregarding the applicant’s interests.

The court ordered the corporation to take reasonable steps to enforce its rules against the offending unit and restore quiet enjoyment.

The applicant was awarded special damages for relocation expenses caused by the ongoing disturbance.