COURT OF APPEAL FOR ONTARIO
Feldman, MacPherson and Rouleau JJ.A.
BETWEEN
The Courthouse Block Inc.
Applicant (Appellant)
and
Middlesex Condominium Corporation No. 173
Respondent (Respondent in Appeal)
Brian T. Daly and Sean C. Flaherty, for the appellant
Jonathan Fine and Kristine Bailey, for the respondent
Heard and endorsed: March 9, 2012
On appeal from the judgment of Justice Helen Rady of the Superior Court of Justice, dated July 5, 2011.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the decision of Rady J. denying an order for an oppression remedy under s. 135 of the Condominium Act, 1998, S.O. 1998, c.19. We see no basis on which to interfere with the decision of the motion judge. She considered the full record, the case law on the section and then applied the law to her view of the facts and exercised her discretion on whether the oppression remedy was applicable in the circumstances of this case. She made no reversible error in so doing.
2The appeal is therefore dismissed. Costs to the respondent of $15,000 inclusive of disbursements and H.S.T.