Joseph Ryan

Following a successful application to enforce an arbitral award requiring a unit owner to replace defective Kitec pipes, the condominium corporation sought full indemnity costs.

The court rejected the argument that the condominium's governing documents automatically entitled it to full indemnity costs, finding that the court retains jurisdiction to determine appropriate costs.

However, the court awarded full indemnity costs of $71,120.97 based on the unit owner's unreasonable refusal to cooperate and his abusive litigation conduct, which included making unfounded allegations and repeatedly ignoring court orders and procedures.

The applicant condominium corporation sought to enforce an arbitration decision and a lien against the respondent's unit.

The self-represented respondent objected and filed a procedurally defective 600-page record attempting to add new parties and claims without issuing a proper Notice of Application.

The court held a case conference and issued directions, requiring the respondent to issue a proper Notice of Application to challenge the lien, while allowing his narrative materials to be treated as an affidavit for the purpose of cross-examinations.