The appellant condominium owner appealed a Condominium Authority Tribunal (CAT) decision finding he breached a settlement agreement regarding excessive noise.
On appeal, the appellant argued the CAT provided inadequate reasons for dismissing his defence that the condominium corporation harassed him, and erred in awarding costs against him.
The Divisional Court dismissed the appeal, holding that the CAT correctly concluded it lacked jurisdiction over the harassment claims under s. 117(1) of the Condominium Act, and that the discretionary costs award revealed no error in principle.