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Winter Case Law Reading

Michelle Kelly
Publication date:
February 6, 2018
Article Summary: 

Winter Case Law Reading
The condominium's declaration and by-laws required the owner to indemnify the condominium for legal costs incurred because of his non-compliance.

Condominiums often have the right to collect legal costs from owners where they are not complying with the condominium's declaration, by-laws or rules.

If the owner does not reimburse the condominium for costs incurred the condominium can register a lien against the unit, and enforce the lien by selling the unit, if necessary.

Metropolitan Toronto Condominium Corporation No. 932 v. Lahrkamp Superior Court of Justice This is the latest in the dispute between a condominium and one of its famous owners.

The judge reviewed the litigation history between the condominium and owner and found ample evidence of the owner's persistence.

Lesson Learned: In extreme cases, the court may prevent an owner from commencing legal action against a condominium, its property manager, and directors if the owner has a lengthy history of vexatious proceedings against them.

Kovaleva v. Metropolitan Toronto Condominium Corporation No. 1000 Human Rights Tribunal of Ontario This was an application filed in 2014 by an owner and former director against the condominium alleging harassment and discrimination because of her age.


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Source Citation: 
Michelle Kelly
Winter Case Law Reading
February 6, 2018
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