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Another Helpful CAT Decision Respecting Costs

James Davidson
Publication date:
October 17, 2022
Article Summary: 

In a case where a condominium corporation brought an application to enforce the no smoking rule against one of its residents, the parties settled the matter at Stage 2 mediation. However, the question of costs was not resolved. The CAT ordered the resident to pay “Pre-CAT” costs of $2,500 and “In-CAT” costs of $2,275. The CAT is showing an increased willingness to award “In-CAT” costs in appropriate cases, particularly where there is a clear violation that continues after warning(s) from the condominium corporation. A strong indemnification provision in the governing documents remains an important factor.


CAT, Costs, Court Decisions, Indemnification Provision, Condominium Corporation, No Smoking Rule, Stage 2 Mediation, Legal Costs, Proportionality, Violation, Warning.

Source Citation: 
James Davidson
Another Helpful CAT Decision Respecting Costs
October 17, 2022
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