Court of Appeal for Ontario

Date: 2018-12-11 Docket: C64266

Judges: Rouleau, van Rensburg and Roberts JJ.A.

Between

York Region Standard Condominium Corporation No. 1279 Applicant (Appellant in Appeal)

and

1806780 Ontario Inc. and Liberty Development Corporation Respondents (Respondents in Appeal)

Counsel

Joshua Milgrom and Joseph Salmon, for the appellant

Micheal Simaan, for the respondent

Heard

December 10, 2018

On Appeal

On appeal from the judgment of Justice James Diamond of the Superior Court of Justice, dated July 27, 2017.

Appeal Book Endorsement

[1] In our view it is unnecessary to determine whether as argued by the appellant that the total cost to the condominium corporation of the lease of the parking units had to be treated as a common expense in the disclosure statement. The central issue before the application judge was whether the disclosure statement was false, deceptive or misleading in relation to the manner in which the parking lease obligations were disclosed and whether that gave rise to a claim for damages under s. 133 of the Act.

[2] We see no error in the application judge's conclusion, based on his review and assessment of the record before him, that sufficient information was included in the disclosure statement and that it was not false, deceptive or misleading. As agreed, the respondent is entitled to its costs in the amount of $19,500 inclusive of disbursements and applicable taxes.