M. Ruhl

The applicant condominium corporation sought declarations that the respondent unit owners breached ss. 19, 98, 117, and 119 of the Condominium Act, 1998, orders requiring the respondents to permit inspection of an in-unit washer and dryer installation, to enter into an indemnity agreement for an unauthorized video doorbell on a common element, and to cease harassing building staff and other occupants.

The court found the respondents breached s. 98 by refusing to sign an indemnity agreement for the video doorbell and s. 19 by refusing to permit entry for inspection.

The harassment allegations were not resolved on the affidavit evidence and the balance of the application was converted to an action requiring viva voce evidence.

Costs were awarded to the applicant on a full indemnity basis, fixed at $10,000 for the resolved matters.

The applicant sought costs following a successful motion to compel the respondent to cooperate in filing corporate tax returns pursuant to a 2019 order, and the dismissal of the respondent's cross-motions.

The court found the applicant's motion was necessary due to the respondent's delays and failure to clarify her position.

Costs were awarded to the applicant on a partial indemnity basis, fixed at $8,475 inclusive of HST.

The parties, who are equal shareholders in a corporation, brought cross-motions regarding the winding up of the business following their divorce.

The applicant sought an order compelling the respondent to sign draft corporate tax returns, while the respondent sought further financial disclosure and the release of trust funds to pay her accountant.

The court ordered the applicant's accountant to answer three outstanding questions, after which the respondent must sign the tax returns unless specifically instructed otherwise by her accountant.

The respondent's request for the release of trust funds was dismissed.

The applicant father brought an application under the Hague Convention seeking the return of the parties' child to Israel.

The parties had moved from Israel to Ontario so the respondent mother could attend a veterinary residency program.

They separated shortly after arriving when the respondent discovered the applicant using dating websites.

The court found that despite the short duration of their stay before separation, the parties had established a settled intention to reside in Ontario for at least three years.

Consequently, the child's habitual residence was Ontario, and the Hague Convention application was dismissed.