Everyone knows the owner should settle & run

During a recent superior court case in Toronto, in March and May 2015, the condo corporation's lawyer replied to Justice Myers comments that the condo's case was all about legal costs. (CV-14-514873)

The lawyer said that everyone knows that (because of the huge burden upon the owners should the corporation be awarded costs due to Section 134. (5)) the owners should settle and run.

The corporation's lawyer seemed to me to be indigent that instead of settling on the corporation's terms and selling their unit, the owners "declared war on the corporation" by initiating a counter application.

Why Section 134. (5) needs to go
This section was added to the Condominium Act so that the innocent condominium owners would not have to pay any of the costs involved if their condo corporation won a court case against an owner because in the courts, it is rare for the winning side to be awarded full costs.

What the politicians failed to see that this section gave the corporation's lawyers licence to jack the fees up to outrageous amounts as, most often, the owner would have to pay whatever legal fees the lawyers billed the corporation.

Everyone doesn't know
The trouble is that everyone doesn't know that the condo board can abuse the intent of Section 134. (5) to punish a condo owner with thousands of dollars in costs up to an including forcing the owner into bankruptcy.

There is no other form of housing in Ontario that gives one's neighbours (the three directors who make up the majority of the board) the power to drive you into bankruptcy.

Get off title
If you have bought a unit in a condo that has a vindictive board, and they exist, then sell your unit and get off title. It is okay to rent a unit in Little Pyongyang but don't be an owner there. Let your landlord have the sword hanging over his head.

In the above case, Justice Myers refused to issue any court orders. The condo owners had to absorb their law firm's legal fees by each of them paying a $1,200 special assessment.

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