Patrick Nelson

The applicant, a condominium unit owner, sought a declaration of oppression against the condominium corporation under s. 135 of the Condominium Act, alleging failure to address noise complaints, security concerns, and maintenance disparities between different buildings within the condominium.

The court dismissed the application, finding that the corporation acted reasonably in addressing noise issues and that the applicant's other complaints regarding security and maintenance did not constitute oppressive conduct.

The court applied the two-part test for oppression remedy, emphasizing the objective reasonableness of expectations and deferring to the board's business judgment in balancing the interests of all unit owners.

This is a costs endorsement following an appeal decision where the Court of Appeal allowed the appeal, restored an arbitrator's award, and awarded costs of the appeal to the appellant.

The court set aside the application judge's original costs order and awarded costs of the proceedings before the application judge to the appellant, Halton Condominium Corporation No. 137, in the sum of $8,083.33, inclusive of disbursements and applicable taxes.

The appellant, Halton Condominium Corporation No. 137, appealed an order setting aside an arbitration award concerning Mensula Bancorp Inc.'s access to parking units through the condominium's common elements.

The arbitrator had interpreted the condominium declaration to limit Mensula's access, but the application judge set aside the award, finding the arbitrator exceeded jurisdiction by effectively amending the declaration.

The Court of Appeal allowed the appeal and restored the arbitrator's award.

The Court held that the application judge erred by reviewing the substance of the arbitrator's interpretation under the guise of jurisdictional error, contrary to the narrow scope of review under the Arbitration Act, 1991.