In this condominium costs decision, the plaintiff corporation sought recovery of substantial legal fees and disbursements incurred in enforcing liens and collecting unpaid common expenses from defaulting unit owners.
The court held that ss. 84, 85, 88, and 134 of the Condominium Act, 1998 reflect a legislative intent that defaulting owners bear all reasonable legal costs incurred by the corporation in obtaining compliance and collecting arrears.
After reviewing proportionality, litigation conduct, prior cost awards, and the reasonableness of fees and expert accounting disbursements, the court fixed recovery under s. 85 at $790,914.63 inclusive of HST and interest, payable within 30 days.
The court also set alternative full, substantial, and partial indemnity totals and apportioned liability by unit share and ownership status.
