Court of Appeal for Ontario

Date: 20231019 Docket: COA-23-CV-0119

Before: Doherty, George and Monahan JJ.A.

Parties and Counsel

BETWEEN

Tara Dharmarajan and Dharmaraj Iyer Applicants (Appellants)

and

York Condominium Corporation No. 308, Arto Sarkissian, Dawn Dickinson, Desmond Sze, Donald Smeaton and Robert Aubin Respondents (Respondents in Appeal)

Counsel: Michael John Campbell and Natasha Leslie Mazzitelli, for the appellants Emily Schatzker, for the respondent

Heard and released orally: October 17, 2023

On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated December 27, 2022.

Reasons for Decision

[1] The appellants sought orders under ss. 134 and 135 of the Condominium Act, 1998, S.O. 1998, c. 19. They advanced claims based on several different incidents, as well as alleging an ongoing failure by the respondents to reasonably respond to various inquiries and requests made by the appellants.

[2] The appellants essentially asked this court to overturn findings of fact made by the application judge. While the appellants disagree with the findings, in our view, all of those findings were reasonably open to the application judge on the record before her. Accordingly, there is no basis upon which this court can interfere with those findings, or the result based on those findings.

[3] The appeal is dismissed. Costs to the respondents on a partial indemnity basis in the amount of $9,000, inclusive of disbursements and relevant taxes.

"Doherty J.A."

"J. George J.A."

"P.J. Monahan J.A."