Waterloo North Condominium Corporation No. 161 and John Curtis Redmond each brought applications concerning alleged breaches of condominium rules and common element maintenance issues, specifically regarding surface drainage and grading.
The parties subsequently entered into Minutes of Settlement, resolving all substantive disputes but reserving the question of costs for judicial determination.
The court declined to award costs to either party, emphasizing that where parties settle all substantive issues without judicial adjudication, the court should be reluctant to conduct a "paper trial" on the merits solely for the purpose of determining costs.