The respondents, the declarant and project manager of a condominium, brought a motion to add the general contractor, Man-Shield, as a party to an application brought by the condominium corporation seeking as-built drawings under the Condominium Act, 1998.
Alternatively, the respondents sought to consolidate the application with a related construction deficiency action.
The court dismissed the motion to add the general contractor, finding no cause of action against it under the Act, which imposes obligations solely on the declarant.
The court also dismissed the motion to consolidate, finding the issues distinct and noting that consolidation would unnecessarily complicate the proceedings and prejudice other parties.