235 Grandravine Drive Inc. v. Tereshko, 2015 ONSC 1784

COURT FILE NO.: CV-13-475635

DATE: 20150320

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 235 Grandravine Drive Inc., Plaintiff

AND:

Gennady Tereshko, Defendant

BEFORE: Carole J. Brown, J.

COUNSEL: Andrea C. Lusk, for the Plaintiff

Defendant unrepresented

ENDORSEMENT

[1] The plaintiff was wholly successful in its action to enforce its rights pursuant to the Co-ownership Agreement dated October 26, 1990. The Corporation has a duty to enforce compliance with the Corporation's Articles, Rules, Bylaws and Co-ownership Agreement, and, in this case, did so as regards non-compliance with the Fire Inspection Order, with which the defendant failed to comply and which posed a documented health and safety risk to the other co-owners and the building.

[2] Pursuant to the provisions of the Co-ownership Agreement, in the event of a default, such as the failure to comply with the Fire Inspection Order in this case, the co-owner shall pay to the Corporation on or before the fifth day after request, all losses, liabilities and reasonable-in-house or other costs incurred by the Corporation, including all lawyers' accounts (determined as between solicitor and his own client).

[3] Based on this provision of the Co-ownership Agreement, the plaintiff seeks its costs and disbursements inclusive of HST on a full indemnity basis in the amount of $33,592.34. The other co-owners should not be responsible for or bear the cost of the defendant's failure to comply with his obligations under the Co-ownership Agreement.

[4] Taking into account the factors to be considered in awarding costs, as set forth at Rule 57.01 of the Rules of Civil Procedure, as well as the relevant provisions of the Co-ownership Agreement regarding costs set forth above, I award the plaintiff its costs on a full indemnity basis in the amount of $33,592.34.

Carole J. Brown, J.

Date: March 20, 2015