The appellant condominium owner appealed a summary judgment ordering it to pay $495,888.39 in common expense arrears and granting vacant possession to the respondent condominium corporation.
The Court of Appeal upheld the motion judge's use of enhanced fact-finding powers to resolve credibility issues and reject the appellant's claim of having paid in cash.
The Court also declined to entertain a new limitations defence raised for the first time on appeal.
However, the Court allowed the appeal in part, finding the motion judge erred by using the oppression remedy to expand the respondent's registered condominium lien to cover unsecured arrears, as doing so could prejudice third-party creditors.
