Ms. Wood

The applicant condominium corporation brought an application against the respondent unit owners and their tenant for multiple breaches of the Condominium Act, the corporation's governing documents, and a prior consent order.

The breaches included unauthorized alterations to the exclusive-use balcony, denial of access to the unit, an assault in the laundry room, and violations of COVID-19 pool restrictions.

The respondents sought to convert the application into an action, arguing material facts were in dispute.

The court dismissed the respondents' motion, finding the video and documentary evidence clear.

The court found the respondents in breach of sections 19, 98, 117, and 119 of the Act, and ordered the termination of the tenant's lease pursuant to section 134(4) of the Act.

The respondents in a condominium application brought three preliminary motions: to remove one respondent as a party, to adjourn the application indefinitely for medical reasons and to retain counsel, and to strike cross-examination transcripts.

The court dismissed all three motions, finding that the applicant properly named the joint owner as a respondent, there was no medical evidence or justification for an adjournment, and the rules of civil procedure did not support striking the cross-examinations.

The main application and a motion to convert it to an action were scheduled for a later date.