Contempt of court

So you win your small claims case and you have a judgment for $500 or more. A clear victory, right?

Well, maybe not.

You may find that winning in small claims court was easier than getting the board to agree to honour the court ruling.

Nothing happens
You may find that after you received the judgment, the board does not send you a cheque.

You send the board an e-mail or a fax asking if they intend to honour the small claims judgment. They may reply saying that the matter is under review pending a possible appeal of the decision. That will buy them some time.

It is equally possible, they do not answer.

What now?
Most likely you will need to make an application for contempt of court to a higher court. That will get a response from the board.

Perhaps they will settle. It is also possible that they will force you to go back to court as a way of bleeding you white. They have more money than you do.

Writ of seizure and sale
Probably not feasible, or even possible, but in theory you may be able to get a writ of execution on all the corporations' units.

You would have to talk to a lawyer to see what the possibility of getting a writ and what the costs would be. After all, you may be talking about a writ over a dollar or two per unit.

The information on this chapter is to be used only as guide and is not intended to be taken or understood to be legal advice. For legal advice, consult a lawyer that is experienced in condominium law.

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