Following an appeal that upheld a contempt finding against a condominium board but varied the sanction, the Court of Appeal addressed the costs of the underlying contempt motion.
The motion judge had awarded $109,598 on a substantial indemnity basis.
The Court of Appeal found that the board's conduct, while contemptuous, did not warrant elevated costs as it was not motivated by personal gain or vengeance.
The costs award was reduced to $35,000 on a partial indemnity scale, payable jointly and severally by the condominium corporation and the individual board members.
