The applicant, owner of a commercial condominium unit operating as a restaurant, challenged the respondent condominium corporation's chargebacks for legal fees related to alleged odour nuisances.
The Tribunal found that while the applicant did allow the creation of an odour nuisance contrary to the Condominium Act, the respondent did not act reasonably or in good faith in its enforcement efforts.
The respondent withheld an HVAC inspection report that proposed solutions and instead aggressively pursued legal action and threatened liens.
The Tribunal ordered the respondent to refund the $4,191.34 in chargebacks to the applicant and declined to award costs to either party.