The appellant declarant appealed an arbitral award requiring payment of a first-year condominium budget shortfall, prejudgment interest under the corporation’s bylaws, and substantial indemnity costs.
The court held that the standard of review for a Condominium Act arbitration appeal on questions of law was correctness, and found the arbitrator erred in interpreting s. 75 as barring any challenge to the propriety or reasonableness of expenses included in the shortfall.
However, because the arbitrator had in substance considered and rejected the appellant’s objections to the disputed expenses, the result would have been the same and the award was not set aside.
The court also upheld the bylaw-based interest award and the substantial indemnity costs award, including mediation costs, and dismissed the appeal.
