Monique Atherton

The applicant condominium corporation sought an order to evict a tenant and her disabled son due to ongoing noise complaints and nuisance, or alternatively an order for compliance with condominium rules.

The unit owner brought a separate application to vacate a lien for legal costs registered against the unit.

The court found the tenant had breached the rules but held that eviction was too draconian a remedy.

The court ordered the tenant to comply with the rules and the owner to take reasonable steps to ensure compliance.

The court upheld the lien and awarded partial costs to the condominium corporation, noting both parties had adopted overly confrontational positions.

Following the dismissal of an appeal from a Small Claims Court decision, the successful respondent sought costs of the appeal.

The unsuccessful appellants conceded entitlement to partial indemnity costs but argued that counsel’s time was excessive and that disbursements should be reduced.

The court reviewed the bill of costs and found no basis to conclude that the time spent was excessive.

Applying the principles governing costs under s. 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, the court fixed partial indemnity costs in favour of the respondent.

The appellants appealed a Small Claims Court decision finding they had trespassed on the respondent's property by erecting fence posts and a gate.

The trial judge awarded damages for the cost of a survey, a culvert, and legal fees.

On appeal, the appellants argued the trial judge erred in his findings of fact regarding the property line and the status of the road, and that some damages were statute-barred.

The Superior Court dismissed the appeal, finding no palpable and overriding error in the trial judge's preference for the respondent's surveyor's evidence, and noting the limitations argument was not properly raised or founded.