MTCC 596 v. Best View Dining Ltd 2017 Ont SCJ
Condominium commenced an application to enforce the declaration and rules regarding noise that the restaurant tenant/owner in a commercial condominium complex was creating for the residential owners. The parties agreed on a consent order to deal with the means by which the noise could be reduced or eliminated, but could not agree on the costs to be paid to the condominium for the problems created and the legal fees incurred. Unlike in Muskala v. Sitarski 2017 Ont SCJ, the judge was quite willing to determine the costs award even after the parties had resolved all other aspects of the application. She held as follows: (1) the fact that the tenant/owner had dealt with the problems in good faith was irrelevant; (2) the condominium did not need to mediate the dispute because a tenant was involved; and (3) the condominium should be compensated for all of its costs, except those that were not reasonable.
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.