Joy Mathews

The applicants sought declarations that short-term leasing was permitted in their condominium corporation (TSCC 2492), an injunction against the corporation preventing such leasing, and an oppression remedy with damages and costs, arguing that TSCC 2492's rule prohibiting leases under six months contradicted its declaration.

The respondent sought dismissal of the application.

The court applied the business judgment rule, finding that the board acted diligently and in good faith, adopting a reasonable interpretation of its declaration and rules.

The court dismissed the application, concluding that the board's rule was not inconsistent with the declaration and that the applicants failed to establish a breach of reasonable expectations or oppressive conduct.

The applicant condominium corporation sought costs following an order requiring the respondent to vacate and sell her unit.

The applicant claimed over $117,000 on a partial indemnity scale or $125,000 on a full indemnity scale, including non-legal charges such as locksmith and security fees.

The court held that non-legal charges are not 'additional actual costs' under s. 134(5) of the Condominium Act.

The court also reduced the claimed legal hours, finding the time spent by a junior associate excessive and largely educational.

Costs were fixed at $58,000 inclusive of disbursements and HST.

A condominium corporation brought an application seeking various forms of relief against a unit owner whose alleged conduct raised safety concerns.

The court first had to determine whether the respondent was under a disability within the meaning of Rule 7 of the Rules of Civil Procedure, requiring the appointment of a litigation guardian.

Despite a prior order directing a mental capacity assessment, no assessment had been completed and the respondent failed to appear or participate in the proceedings.

Based on affidavit evidence describing erratic behaviour and non‑compliance with court orders, the court concluded that the respondent met the criteria for a party under disability.

The Public Guardian and Trustee was appointed as litigation guardian and the application was adjourned to allow time for the guardian to prepare.