Luis A. Hernandez

The appellant appealed the dismissal of her oppression application and the granting of summary judgment to enforce a condominium lien.

The appeal concerned whether a special assessment for repairs was remedial work under s. 97(1) of the Condominium Act, thereby not requiring a member vote, and whether the condominium's conduct constituted oppression.

The Court of Appeal found no error in the motion judge's determination that the work was remedial, upheld the oppression analysis, and affirmed the summary judgment, concluding there was no genuine issue requiring a trial.

The applicant condominium corporation sought a declaration and compliance order against a unit owner and her tenant for repeated breaches of noise rules.

The tenant, Ms. Kalicharan, was found to have created excessive noise disturbing a neighbour, and the owner, Ms. Lyn, was responsible for ensuring tenant compliance.

The court found the corporation's enforcement discretion was exercised reasonably and in good faith, granting the declaration and compliance order, but declined to order tenancy termination as that falls under the Landlord and Tenant Board's jurisdiction.

Costs were to be addressed separately.