The applicant neighbourhood association sought costs on a full indemnity basis following a successful application to enforce restrictive covenants and architectural controls against the respondent homeowner.
The respondent argued that the applicant was not a condominium corporation and therefore the Condominium Act did not apply to justify elevated costs.
The court held that the applicant functions similarly to a condominium corporation and the principle that blameless homeowners should not bear the costs of securing compliance applies.
The court awarded full indemnity costs to the applicant in the amount of $72,980.13.
