Toronto Standard Condominium Corporation No. 1633 (TSCC 1633) applied for a declaration that Toronto Standard Condominium Corporation No. 1809 (TSCC 1809) was responsible for sharing the costs of operating, maintaining, repairing, and replacing a shared laneway.
TSCC 1633 advanced claims based on unjust enrichment, a common law obligation for easement maintenance, and the oppression remedy under section 135 of the Condominium Act, 1998.
The court dismissed the application, finding no common law obligation for the dominant tenement owner to maintain an easement for the benefit of the servient tenement.
It further held that the grant of the easement itself constituted a juristic reason, precluding a claim for unjust enrichment.
Regarding the oppression remedy, the court concluded that TSCC 1633's expectation of cost-sharing was not objectively reasonable, as the condominium declarations and disclosure statements did not provide for such an agreement, aligning with the principles established in Metropolitan Toronto Condominium Corporation No. 1272 v. Beach Development (Phase II) Corporation.