The condominium corporation appealed an order invalidating a lien registered against the respondents' unit for legal fees incurred in seeking compliance with a smoking restriction.
The Divisional Court dismissed the appeal, upholding the application judge's findings that the corporation could not use a section 85 lien to collect legal fees for a section 134 compliance matter without a court order.
The court also upheld findings that the corporation's conduct was oppressive, that it failed to negotiate in good faith, and that the smoking did not constitute a nuisance.
