Following a trial in which the plaintiff’s oppression-style claim against a condominium corporation was dismissed, the court determined costs.
The defendant condominium corporation sought full indemnity costs, arguing that condominium litigation typically warrants such recovery and that the plaintiff made serious but unproven allegations of dishonesty.
The court held that the enhanced full-indemnity regime under s.134 of the Condominium Act applies only to compliance order proceedings and not to an oppression claim under s.135.
Nevertheless, the court found that the plaintiff’s unsubstantiated allegations of deceit and dishonesty against the corporation and its directors justified elevated costs.
Costs of the action and trial were therefore awarded on a substantial indemnity basis, with quantification referred to assessment if the parties could not agree.
