4 total
The court awarded reduced costs of $5,000 to the condominium corporation because its successful alternate remedy was raised late in the proceeding.
The condominium corporation sought full or substantial indemnity costs after a mixed result in an application against unit owners for unauthorized modifications.
The court found the condominium's offer to settle was as favourable or more favourable than the ruling, entitling them to costs under Rule 49.10.
However, due to the applicant raising an alternate remedy late in the process, the court exercised its discretion under Rule 49.10 and Rule 57.01, awarding a reduced amount of $5,000 in costs to the condominium, significantly less than the $37,000-$46,000 sought.
The court ordered condominium owners to remediate or remove an unauthorized, non-compliant bathroom addition.
The applicant condominium corporation sought orders against unit owners for unauthorized modifications, specifically an added bathroom, which breached the Condominium Declaration and Section 117 of the Condominium Act, 1998, by posing a risk to property and occupants due to Building Code non-compliance.
The court found jurisdiction for the Section 117 breach but dismissed the Declaration breach claim due to a failure to arbitrate.
The court ordered the respondents to bring the added bathroom into Building Code compliance or remove it, with the condominium authorized to perform the work at the owners' expense if they failed to comply.
Motion to review single judge's refusal to extend time for appeal dismissed due to delay.
The moving party sought to review a decision of a single judge of the Divisional Court who had declined to extend the time to perfect an appeal.
The moving party argued they were caught by surprise by the nature of the motion below.
The Divisional Court dismissed the motion to review, finding that this argument was not raised below, the record did not support it, no fresh evidence was adduced, and the single judge made no palpable or overriding error.
Furthermore, the motion to review was itself brought out of time.
The court ordered the partition and sale of a property, finding the applicant had a beneficial interest through a purchase money resulting trust.
The applicant, Ming Hua Zheng, sought an order for partition and sale of a property titled solely in the respondent Ping Liu's name, claiming a beneficial interest through a resulting trust.
The parties, married in China, purchased the property in Toronto, with Zheng contributing the entire down payment and a share of carrying costs.
Liu did not appear at the hearing despite notice.
The court found that Zheng had a beneficial interest in the property by virtue of a resulting trust due to her monetary contributions.
The court ordered the sale of the property under the Partition Act, finding it advantageous to the parties, and referred the determination of the parties' exact percentage entitlements to the net sale proceeds to a master.
The court declined to add Zheng to the title but noted she could register the judgment.
