(a)
|
TSCC 1633 is entitled to a remedy founded in unjust enrichment. |
(b)
|
TSCC 1809 is subject to a common law obligation owed to TSCC 1633 to maintain and repair the Shared Laneway. |
(c)
|
It is entitled to a remedy under section 135 of the Condo Act on the
basis that the refusal of TSCC 1809 to contribute to the costs of
maintenance and repair of the Shared Laneway amounts to oppressive
conduct. |
(c)
|
The recent amendments to the Condo Act providing for cost sharing support the
relief sought on this application. Among the amendments is the
introduction of a requirement that two or more condominium corporations
which share facilities enter into agreements in accordance with the
legislative provisions. |