Following a successful application by a condominium corporation to enforce compliance with the Condominium Act, 1998 and the corporation’s declaration regarding exclusive use rights to sell fresh meat and poultry, the court addressed the issue of costs.
The corporation sought recovery of its legal costs pursuant to s. 134(5) of the Act, which allows a condominium corporation to recover both court-awarded costs and additional actual costs incurred in obtaining a compliance order.
The respondents argued that they should not bear responsibility for the costs or that liability should fall on the other respondent.
The court held that the policy behind s. 134(5) shifts the financial burden of obtaining compliance orders to the offending unit owner or occupier.
The full amount of the claimed legal costs was found reasonable and awarded, with the owner liable for the total amount but entitled to recover half from the tenant.
