( a costs award belatedly & lowkey at canlii.org.)
An owner was targetted by civil demand letters lacking legislative platform.
The condo corporation moved to strip him of ownership for those demand letters.
Mere "unreasonableness" looks far from the most disturbing aspect.
Will the aftermath get downplayed or distorted like U.S. style HOA shenanigans ?
Xccrpt
Amlani v York C.C. # 473 2020 ONSC 1190 issued Feb 25/20
http://canlii.ca/t/j8l4c“ . . . [5] Second, the respondent submits that it should not be required to reimburse the applicants for the cost of their lawyers travel to and from Ottawa or their accommodation costs in Toronto.
[6] The applicants are entitled to make reasonable choices about their counsel. The counsel they chose were specialists in condominium law. They practice out of Ottawa.
. . . . [9] In addition, elevated cost awards are appropriate where the unsuccessful party has engaged in conduct that is worthy of sanction through an elevated cost award . . .
[10] In my view, the respondent’s conduct in this matter is worthy of sanction through an elevated cost award.
The sanction-worthy conduct of the respondent is discussed throughout my reasons.
I cite only a few examples here. There were practical and economical solutions to the problems at hand.
Those solutions had been used in the past and had worked. They are, however, solutions that may require maintenance from time to time. Instead of exploring those solutions and perhaps enhancing those that had been used in the past, the respondent embarked on costly aggressive litigation.
In doing so not only did it act unreasonably; it also breached its own constating documents which require negotiation and mediation. The respondent refused to meet with the applicant to discuss the issue. When the applicant formally demanded mediation, the respondent unilaterally appointed a mediator and a mediation date only to leave the mediation early for another appointment.
In a nutshell, the entire proceeding could have been avoided had the respondent acted reasonably.
[11] In my view, it is worthwhile to send a message to both condominium corporations and condominium residents that there are often easy, cost-effective solutions that are far preferable to litigation.
Parties who ignore cost-effective solutions in favour of litigation must pay the price if they fail in the litigation.
[12] In light of the foregoing, I award the applicants costs which I fix in the amount of $83,340 after taking into account the adjustment referred to in paragraph 4 above.” – ONSC Feb 2020
Amlani v York C.C. # 473 2020 ONSC 1190 issued Feb 25/20
http://canlii.ca/t/j8l4c