Costs – When An Owner Sues The Condominium Corporation And Loses

There have been some recent cases where condominium owners have sued the condominium corporation in Small Claims Court – and lost. See for example the following: Wexler v. CCC 28 (currently under Appeal), Wu v. CCC 383 and Pearson v. Carleton Condominium Corporation No. 178.  When a condominium corporation successfully defends an owner’s claim, should the condominium corporation be entitled to a “special cost award”? Or should the usual cost principles apply? Note that the Courts have previously said that a condominium corporation may be entitled to full costs (under Section 85 of the Condominium Act) whenever a dispute relates to collection of common expenses. In this blog, I’m referring to disputes related to other matters.      Read the article………….


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