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Our cases

Sometimes, when all else fails, condominium corporations must bring ongoing disputes to an arbitrator or to the courts for final adjudication.  While we far prefer the certainty, flexibility and predictability of mediation and other alternative dispute resolution mechanisms, sometimes litigation is the only option.  This is an integral part of the services we provide our clients.

Below is a list of some of the important cases we have argued for our clients, sometimes acting for condominium corporations, sometimes for owners. Many of our court cases set important precedents for the condominium industry across the province, and beyond. In the list below, we have also inserted links to our blog posts on some of these decisions.

  • 251 Ontario v. YRCC 886
    •  Declaration may not impose on condo corporation an obligation to lease back indefinitely parking from the developer
  • Williams Estate v. CCC No. 66, 2016 CanLII 786 (ONSC) – 2 Feb. 2016
    • Costs award against condo corporation in favour of owner considered the financial disparity between the parties
  • OCSCC 845 v. OCSCC 919, November 2015 and February 2016 (unreported)
    • Arbitration award: factors to be considered in calculating cost sharing pursuant to a Shared Facility Agreement and correction of Shared Facility Agreement, applying the common sense test
    • Considerations to be applied when awarding arbitration costs in the context of a Shared Facility Agreement
  • Williams Estate v. CCC No. 66, 2015 CanLII 7507 (ONSC) – 4 Dec 2015
    • Owner sued her condo corp. for failure to repair and maintain the common elements.  A Motion judge allowed owner to amend her pleadings to include further incidents of water damage. Test to grant leave to appeal judge’s decision to allow for amendment of pleadings
  • Williams Estate v. CCC No. 66, 2015 CanLII 90545 (ONSC) – 26 Nov. 2015
    • No cost awarded by motion judge in context of motion by owner to amend her pleading against the condo corporation
  • Williams Estate v. CCC 66, 2015 CanLII 5479 (ONSC) – 3 Sept. 2015
    • Judge allows owner to amend her Statement of claim against corporation to include additional incidents of water damage resulting from corporation’s failure to repair and maintain the common elements
  • OCSCC 845 v. OCSCC 919, 2015 CanLII 31304 (ON SCSM) – 16 March 2015
    • Corporation’s obligation to mediate/arbitrate and cost consequences
  • Grigoriu v. OCSCC No. 706, 2014 CanLII 2885 (ONSC) – 9 May 2014
    • Court found the condominium declaration to be oppressive and ordered the corporation to amend it to allow owners to sell their unit (in one corporation) with their parking unit located in another neighbouring corporation
  • Boily v. CCC 145, 2013 CanLII 1467 (ONSC) – 8 March 2013
    • Directors found in contempt of court after having breached a court order pertaining to the reinstatement of the condo’s landscape
  • Boily v. CCC 145, 2012 CanLII 1324 (ONSC) 24 Feb. 2012
    • Court imposes full indemnity costs, and part of it on directors, for breach of prior agreement pertaining to the reinstatement of the landscape of the condominium