John DeVellis

The applicants sought the appointment of an administrator and inspector to oversee a condominium corporation, alleging oppressive conduct by board members regarding the administration of allocated cost contribution fees.

The court denied both requests, finding that the board's inability to meet was caused by the applicants' own bad faith conduct in refusing to attend meetings.

The court found no substantial misconduct or mismanagement warranting the appointment of an administrator as a last resort.

The applicants' concerns about fee administration were found to be reasonable but did not meet the threshold for intervention.

The applicant, a condominium unit owner, sought a declaration of oppression against the condominium corporation under s. 135 of the Condominium Act, alleging failure to address noise complaints, security concerns, and maintenance disparities between different buildings within the condominium.

The court dismissed the application, finding that the corporation acted reasonably in addressing noise issues and that the applicant's other complaints regarding security and maintenance did not constitute oppressive conduct.

The court applied the two-part test for oppression remedy, emphasizing the objective reasonableness of expectations and deferring to the board's business judgment in balancing the interests of all unit owners.

The plaintiffs, developers of two condominium buildings, sought an extension of time to serve statements of claim against the respective condominium corporations for unpaid promissory notes related to guest suites.

The statements of claim were issued in March 2020 but not served until July 2022, past the extended deadline of March 2021.

The delay was attributed to counsel's inadvertence.

The defendants opposed, arguing abandonment and prejudice due to witness unavailability and changes in unit ownership.

The court, applying the principles from Chiarelli v Wiens, found that the plaintiffs intended to pursue the actions and that the delay was due to inadvertence.

The court rejected the defendants' claims of prejudice, noting their early notice of the claims and that any alleged prejudice was not caused by the delay or was speculative.

The motions for extension of time were granted.

The plaintiff condominium corporation brought a motion in writing for default judgment for possession and foreclosure against the defendant unit owner for unpaid common expenses.

The defendant was noted in default.

The court granted the motion, ordering possession and foreclosure of the equity of redemption in favour of the condominium corporation, with a condition to pay the second defendant's mortgage upon sale.

This application sought a determination of contractual rights regarding an early termination provision in pre-construction condominium agreements.

The applicants argued that a 'sole, absolute and unfettered discretion' proviso in a financing condition rendered the entire condition null and void under the Tarion Addendum, leading to a breach of contract claim.

The court found that the proviso did not form part of the early termination condition or, if it did, it was inconsistent with the Addendum's requirement for commercially reasonable steps and was therefore unenforceable.

The court interpreted the condition to require vendors to take all commercially reasonable steps to arrange satisfactory financing, upholding the validity of the termination condition and dismissing the application.