Superior Court of Justice - Ontario

Court File No.: CV-11-436144
Date: 20120319

RE: TAHIR AHMAD, TORONTO CONDOMINIUM CORPORATION
NO. 1908, SANJAY SARAN MATHUR, SYED Z. QADRI,
MARCELLUS WIRADHARMA, 1752166 ONTARIO INC.,
ANJANIAY HOLDINGS INC., REXDALE JAME MASJID and
1770420 ONTARIO INC.

Applicants

AND:

1288124 ONTARIO INC.

Respondent

BEFORE: Mr. Justice Lederer

COUNSEL:
Yadvinder Singh Toor, for the Applicants
Dilreet S. Dandiwal, for the Respondent

COSTS ENDORSEMENT

[1] The respondent, 1288124 Ontario Inc., has consistently failed to comply with its obligations and responsibilities under the Condominium Act, 1998, S.O. 1998 Ch. 19. It has continued to demonstrate its lack of regard for what the law requires by failing to adhere to orders of this Court. The application first came before the court on December 19, 2011. Nothing had been filed on behalf of the declarant despite the fact that the application had been served six weeks earlier. The application was adjourned until January 4, 2012, but included the requirement that certain information be provided by the respondent. This order was not complied with.

[2] Following the hearing of the motion, an endorsement was issued on January 9, 2012. It directed that, in the absence of agreement, the applicants file written submissions with respect to costs within fifteen days of the release of the reasons contained within the endorsement. The submissions were received by the court on January 20, 2012. The respondent was required to respond within twenty-five days of the release of the reasons. It is March 15, 2012. Nothing has been received from, or on behalf of, the respondent.

[3] The applicant requests costs, pursuant to Rule 57.01 of the Rules of Civil Procedure, in the amount of $16,344.29, inclusive of HST and disbursements. I have reviewed the Bill of Costs which has been provided. In the circumstances, the costs requested fall within the limits of what the respondent should reasonably have anticipated. This is particularly so given the failure of the respondent to deal with this matter in an appropriate fashion. I note that the costs include a consultation with a more senior and experienced counsel. In the circumstances, I expect this served to lower rather than raise the costs.

[4] Counsel for the applicants, in his submissions, makes reference to the Condominium Act, 1998, supra, ss. 43(9) (c) which allows the court, where the declarant, without reasonable excuse, has failed to comply with subsections (4), (5) or (7) of the same section, to award an additional amount not to exceed $10,000. These clauses all require information be provided, by the declarant, to the board of the condominium corporation. It has not been. No explanation as been provided. By adjourning this matter, the court offered the declarant a further opportunity to comply which it has failed to do.

[5] Counsel has also referred me to the Condominium Act, 1998, supra, s. 137. Contrary to the view expressed by counsel, this section does not allow me to award anything further. It provides that a party who fails to comply with identified sections of the Condominium Act, 1998, supra, is a guilty of an offence and outlined the fines that can be imposed. There has been no such conviction here.

[6] I award costs in favour of the applicants and against the respondent in the amount of $16,334.29 and an additional $10,000 be paid by the respondent to the applicants as authorized by the Condominium Act, 1998, ss. 43(9)(c).

LEDERER J.

Date: 20120319