Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Johns, 2014 ONSC 59
Decision Date: January 9, 2014
http://canlii.ca/t/g2kcc
Mr. Taylor is accused of aggressive and threatening behaviour towards other residents of the condominium, visitors and contractors. Three residents filed affidavits describing Mr. Taylor’s actions, which include complaints of excessive noise and vandalism. Some of the allegations were supported by police reports and other documentation. Mr. Taylor and Ms Johns (his wife) disputed some of the allegations but admitted others. Ms Johns acknowledged that her husband was “verbally abusive” and said that she had tried to get him to seek help. The applicants sought a Declaration that the respondents had acted in a manner contrary to the Condominium Act and to the Corporation’s Declaration, By-Laws and Rules, as well as Orders requiring Mr. Taylor to keep the peace and to refrain from communicating with or coming within 15 feet of several residents. They also sought to recover their legal costs of over $28 000.
Judge Milanetti granted the application and costs on a full indemnity basis. However he found the fees to be “quite excessive” and reduced them to about $15 000, to be added to the common expenses for the respondents’ unit over the next three years.
Comment: Part of the judge’s reasoning in assigning costs was that the respondents had “plenty of opportunity” to resolve these issues without the expense of court, and that the other owners should not be faced with the legal expense of one intransigent owner. The respondents were not represented.
A follow-up to an earlier case:
Last month I summarized Peel Condominium Corp. No. 98 v. Pereira. Mr. Pereira, the respondent, was ordered to pay costs of over $38 000 on a substantial indemnity basis, payable over four years. The judge commented that the respondent’s actions in the litigation increased costs.