The Toronto Standard Condominium Corporation No. 1466 (the "Condominium") sought to enforce an arbitration award compelling a unit owner, Stuart Weinstein, to replace defective Kitec pipes in his unit and pay associated costs.
Mr. Weinstein brought a counter-application to set aside the arbitral award, arguing lack of jurisdiction, bias, and fraud/corruption, and to remove a lien registered on his property for unpaid costs.
The court found Mr. Weinstein's application to set aside the award was out of time and, in the alternative, dismissed it on its merits, finding no evidence of jurisdictional error, bias, fraud, or corruption.
The court also upheld the validity of the lien, despite an arbitrator's error in including mediation costs in the arbitration award, as the Condominium's declaration and by-laws independently allowed for such costs to be treated as common expenses.
The Condominium's application to enforce the arbitral award was granted.
