5 total
Motion for leave to appeal dismissed with $5,000 in costs awarded to the responding parties.
The moving party brought a motion for leave to appeal a prior decision.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 to the responding parties.
Condominium corporation ordered to provide unredacted plumbing contract and pay penalty for improper records refusal.
The applicant condominium owner requested an unredacted copy of a contract between the condominium corporation and a plumbing contractor for a Kitec piping replacement project, including suite-type designs.
The respondent corporation provided a heavily redacted contract, incorrectly relying on section 55(4)(c) of the Condominium Act, 1998, claiming the suite-type designs related to specific units.
The Condominium Authority Tribunal found the redactions were improper as suite-types represent multiple units and do not identify specific owners.
The Tribunal ordered the respondent to provide the unredacted contract and awarded a $500 penalty plus $200 in costs against the respondent for effectively refusing the records without reasonable excuse.
Tribunal issued a confidential consent order resolving a condominium dispute over noise and visitors.
The applicant condominium corporation and the respondents agreed to settle their dispute during Stage 2 mediation.
The Condominium Authority Tribunal issued a consent order incorporating the settlement terms, which included rules regarding noise thresholds, visitor restrictions, and communication protocols.
The Tribunal also issued a confidentiality order anonymizing the respondents' identities, applying the Sherman Estate standard to protect their individual dignity.
Motion to remove non-tenant guest as a respondent in a condominium nuisance application dismissed.
The applicant condominium corporation brought an application regarding disruptive behavior allegedly caused by two tenants.
One of the named respondents brought a motion to be removed as a party on the basis that she was a guest, not a tenant.
The Tribunal dismissed the motion, finding that although she was not a tenant, she met the definition of a 'person' under the corporation's harassment rule and could be directly affected by the proceeding, thus warranting her inclusion to ensure an opportunity to be heard.
Summary judgment dismissed as genuine issue for trial exists regarding when boiler defect claim was reasonably discoverable.
The defendants brought a motion for summary judgment to dismiss the plaintiff's action regarding a defective boiler system installation, arguing the claim was statute-barred by the two-year limitation period.
The plaintiff argued it did not discover the fundamental incompatibility of the boiler systems until it received a draft engineering report in July 2015, having previously relied on advice that the issues were minor operational problems.
The court dismissed the motion, finding a genuine issue for trial regarding when the plaintiff had actual or constructive knowledge of the material facts giving rise to the claim, particularly given the plaintiff's reliance on the defendants' professional advice.
