||The condo corporation failed to have the owner's son removed from the corporation.
||The condo corporation's reliance on Section 134.(5) of the Act to be paid its full costs was unsuccessful.
||The condo corporation claimed $21,814.40 in costs and it was awarded $5,000.|
||The owner was given five years to pay.|
|92||I am aware that in making this order, I am forcing the unit-owners as a whole, including these recalcitrant unit-owners, to shoulder these costs, together since it is inevitable that TCECC No. 1508 will seek to pass those costs on to unit-owners. The respondents must certainly pay for costs associated with this action and this application, but as well, all unit-owners, including these respondents, ought to bear the costs associated with their board’s decision here to first litigate and only talk later. It was a decision that may have been legally correct, but that showed poor judgment in my view. I choose not to reward that conduct by a more fulsome award of costs, in the hope the message will avoid the recurrence of future similar situations.|
||Metropolitan Toronto Condominium Corp No. 1385 v. Skyline Executive Properties Inc.(2005), 197 O.A.C. 145 (C.A.) at para. 46, and Chan v. Toronto Standard Condominium Corporation No. 1834, 2011 ONSC 108 (CanLII), at para. 37 aff’d on appeal at 2012 ONCA 312 (CanLII)|
||YRSCC No. 1076 v. Anjali Holdings, 2010 ONSC 822 (CanLII), at paras. 4, 5 and 6|
||Metropolitan Toronto Condominium Corp. No. 985 v. Vanduzer, 2010 ONSC 900 (CanLII) at paras. 27 and, 28|
||Metropolitan Toronto Condominium Corporation v. Chow, 2012 ONSC 587 (CanLII), at para. 3|
||Wentworth Condominium Corporation No. 34 v. Taylor, 2014 ONSC 59 (CanLII), at paras. 21, 22, 23 and 24|
||Dhillon v. Dhillon Estate (2009), 75 R.F.L. (6th) 284 (Ont. Sup. Ct.)|
||York Condominium Corp. No. 301 v. James (Litigation guardian of) 2014 ONSC 3360 (CanLII),at para. 11|
||Durham Standard Condominium Corporation N. 187 v. Morton, 2012 ONSC 5132 (CanLII), 298 O.A.C. 94 (Ont. Sup.Ct, Div. Ct.) and York Condominium Corp. No. 345 v. Qi, 2013 ONSC 4592 (CanLII), at para. 9|
||Mancuso v. York Condominium Corp. No. 216 (2008), 2008 CanLII 20343 (ON SC), 292 D.L.R. (4th) 737] at par. 6|
||Peel Condominium Corporation No. 231 v. Grygorchak and Levkiska, (May 19, 2015)|
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