Dispute Over Flower Box Leads To Expensive Litigation

The Ontario Superior Court of Justice has put an end to a costly dispute between a condominium corporation and an owner, following several years of ongoing litigation involving Ms. Sennek. The dispute began when the corporation registered a lien to recover the cost incurred to remove a flower box installed by the unit owner which did not comply with the governing documents of the condominium corporation. The unit owner brought an application to discharge the lien and commenced a small claims court action for damages against the condominium corporation, its directors, and property manager. Justice Sheard noted that "the litigation spun wildly out of control almost from the outset." The unit owner was declared a vexatious litigant and the condominium corporation was entitled to costs in the amount of $109,925.43 payable by the unit owner. This case is a reminder of how quickly the costs of litigation can grow when dealing with a litigious or unreasonable party, even when the initial amount in dispute is minimal.