The appellant, a unit owner in a vacant land condominium, appealed an application judge's decision regarding her claims against neighbouring unit owners and the condominium corporation.
The neighbours had breached the condominium declaration by altering grading and removing vegetation without approval, and the corporation had failed to promptly enforce a halt work order.
The Court of Appeal found that the application judge erred by failing to adjudicate the appellant's oppression claims under s. 135 of the Condominium Act.
The Court held that the conduct of both the neighbours and the corporation was oppressive and unfairly disregarded the appellant's interests.
The Court granted declarations of oppression and ordered the corporation to have proper regard for the appellant's interests in future approvals, but declined to order the neighbours to remediate the grading.
The Court also found the application judge erred by determining costs without allowing the parties to make submissions, and directed the parties to provide written costs submissions to the Court of Appeal.
