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A condominium corporation was ordered to fund alternate accommodation after ignoring recurrent sewage backups.
The applicant, Esther Benmergui, sought interim relief against York Region Standard Condominium Corporation No. 1510 after experiencing four sewage back-ups in her newly purchased condominium unit.
The court found that the respondent failed to act with sufficient urgency to address the dangerous and uninhabitable condition of the unit, breaching its obligations under the Condominium Act, 1998.
The court ordered the respondent to pay for the applicant’s comparable alternate accommodation until repairs are completed and awarded partial indemnity costs.
Summary judgment granted and statement of defence struck in undisputed mortgage default case.
The plaintiff mortgage syndicate brought a motion for summary judgment and to strike the defendants' statement of defence and counterclaim regarding a defaulted second mortgage.
The defendants, who had not made any payments, alleged unparticularized fraudulent behaviour by the plaintiffs' agents.
The court struck the statement of defence and counterclaim as they disclosed no reasonable defence or cause of action.
Finding no genuine issue for trial, the court granted summary judgment in favour of the plaintiffs and awarded full indemnity costs.
