Nadezhda Petrova Simova

This is a costs endorsement following a successful application by Halton Condominium Corporation No. 61 (HCC 61) to enforce its non-smoking rule against the respondents.

HCC 61 sought full indemnity costs of $87,377.16 or, alternatively, partial indemnity costs of $70,900.62.

The respondents argued for no costs or a lower scale.

The court awarded HCC 61 costs on an enhanced but not full indemnity basis, totaling $70,476.66, considering HCC 61's full success, their reasonable offer to settle, the Condominium Act's provisions for cost recovery, and the respondents' unreasonable conduct.

Halton Condominium Corporation No. 61 (HCC 61) brought an application under s. 134 of the Condominium Act, 1998, to enforce its non-smoking rule against the Respondents, Nikolay Kolarovaliev and Borislava Borissova.

The Respondents, who were "grandfathered" under the rule, were accused of continuously breaching their Grandfathering Agreement by allowing smoke to emanate from their unit into common areas and adjacent units.

Despite HCC 61's attempts at mediation and remediation, the issue persisted.

The court found that the Respondents repeatedly violated the Grandfathering Agreement and that their claims of political motivation were unfounded.

The court granted the application, terminating the Grandfathering Agreement and prohibiting smoking within Unit 801, allowing it only outside the building at a distance of at least nine meters from all doorways, operable windows, and air intakes.