Following an application brought by a condominium corporation to compel a unit owner to bring a fireplace into compliance with fire regulations, the substantive dispute became moot when the respondent completed the required remediation before the court hearing.
The remaining issue concerned the appropriate costs award payable to the condominium corporation.
The applicant initially claimed $30,000 in partial indemnity costs but reduced the request during argument.
The court held that although the respondent’s refusal to comply earlier necessitated the litigation, costs must remain proportionate and limited to those reasonably necessary for the litigation itself.
Partial indemnity costs were fixed at $9,000 inclusive, payable in monthly instalments while the respondent remained the unit owner.
