Following a motion where the respondents were substantially successful and the applicant condominium corporation was denied relief, the court determined the issue of costs.
The court found that the applicant had acted unreasonably and in bad faith by failing to address a breach of the Condominium Act for decades and refusing to enter into a section 98 agreement.
Consequently, the respondents were awarded costs on a substantial indemnity scale.
However, the respondents were ordered to bear the costs of preparing and registering the section 98 agreement, as it was for their exclusive benefit.
