The applicant, a condominium unit owner, sought an oppression remedy under s. 135 of the Condominium Act against the condominium corporation, its board members, and property management.
The applicant alleged that the board unfairly disregarded her interests by approving a neighbouring unit's non-compliant rooftop terrace renovation without prior notice or consultation, as required by s. 98 of the Act.
The court found that the condominium corporation's failure to consult the applicant breached her reasonable expectations and constituted an unfair disregard of her interests.
The court awarded the applicant $45,000 in damages against the condominium corporation, but dismissed the claims against the individual board members and property management.
