Patricia Conway

The appellant declarant registered a condominium declaration requiring the respondent condominium corporation to purchase a manager's unit.

After a turnover meeting, the newly elected board of directors purported to terminate the purchase agreement pursuant to s. 112 of the Condominium Act, 1998.

The application judge dismissed the appellant's application to enforce the purchase.

The Court of Appeal allowed the appeal, holding that the power to terminate agreements under s. 112 does not extend to obligations arising from a condominium declaration, which has a distinct and higher legal status under the Act.

Following a successful appeal where the appellant prevailed on all issues, the court determined the costs of the underlying trial and application.

The appellant sought over $270,000 in total costs.

Applying the principles of fairness and reasonableness, the Court of Appeal fixed the appellant's costs of the trial at $150,000 and the costs of the application at $25,000, payable by the respondents.

The appellant condominium corporation appealed a trial decision regarding the conversion of a commercial building into a residential condominium.

The Court of Appeal allowed the appeal, finding that the respondent Lomico was a 'declarant' under the Condominium Act, that a lease of HVAC equipment to the condominium corporation was null and void because the equipment formed part of the common elements, and that the developers breached the construction warranty by failing to substantially renovate the parking garage.

The Court dismissed the developers' cross-appeal, affirming that unit owners have an appurtenant property right to lease parking spaces at market rates.

Damages and market rates were directed to a reference.

The appellant, a condominium unit owner, appealed an order restricting his statutory right to examine condominium records and prohibiting him from coming within 25 feet of the management office.

The application judge had found his unrelenting requests amounted to harassment.

The Court of Appeal allowed the appeal in part, finding the complete elimination of his statutory right of access and the broad injunctive relief too extreme, especially since the conduct did not amount to actionable harassment.

The court set aside the injunctive components but upheld the requirements that requests be made in writing and photocopying charges be paid in advance.