Ontario

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Ontario

Jurisdiction:

Simcoe Condominium Corporation No. 60 v. Skeaff (Ontario Superior Court of Justice)

In appropriate circumstances, a condominium corporation can be awarded punitive damages on a compliance application
Jurisdiction:

Courthouse Block Inc. v. Middlesex Condominium Corporation No. 173 (Ontario Superior Court of Justice)

Owners’ oppression claim dismissed. Condominium corporation attended to required work in a reasonably prompt and professional way
Jurisdiction:

MTCC No. 856 v. All Unit Owners and Mortgagees of MTCC No. 856 (Ontario Superior Court of Justice

Court agrees to appoint administrator, but prefers to appoint administrator suggested by group of owners rather than re-appointing interim administrator
Jurisdiction:

York Condominium Corporation No. 42 v . Hashmi (Ontario Superior Court of Justice)

When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval
Jurisdiction:

Pantoliano v. MTCC No. 570 and YCC No. 531 (Human Rights Tribunal of Ontario)

Pool rules contravened Human Rights Code
Jurisdiction:

Waterloo North Condominium Corporation No. 168 v. Webb (Ontario Superior Court of Justice)

Court orders owner to vacate and sell his unit
Jurisdiction:

Wellington Standard Condominium Corporation No. 103 v. Wyndham Place Holdings Inc. (Ontario Superior Court of Justice)

Foreclosure is one of the possible avenues of lien enforcement
Jurisdiction:

Lahrkamp v. Metropolitan Condominium Corporation No. 932 (Toronto Small Claims Court) March 22, 2011

Plaintiff not entitled to see owners’ names and signatures on proxies
Jurisdiction:

Peel Condominium Corporation No. 108 v. Young (Ontario Superior Court of Justice)

Despite corporation’s “selective enforcement”, owner ordered to reverse common element modification
Jurisdiction:

Tsang v. Wong (Ontario Small Claims Court)

Tenant responsible for costs payable to condominium corporation (by landlord) due to tenant’s breach of “no pets” provision in declaration
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York Region Condominium No. 890 v. RPS Resource Property Services Limited (Ontario Superior Court of Justice)

Manager misappropriated funds of condominium corporation. However, corporation’s bank was not liable
Jurisdiction:

Suttie v. MTCC No. 683 (Toronto Small Claims Court) January 14, 2011

Owner responsible for damage to unit improvement. Owner’s insurer could not assert subrogated claim against corporation