Grand Carlisle

Known Issues (news/court)

[lawsuit_or_court - owner vs board dispute / oppression] Following a successful oppression claim over a leaking window the condo board failed to fix, the court awarded the owner a lump-sum costs award of $35,000 plus GST ($36,750 total), refusing solicitor-client costs and disregarding a privileged settlement offer to discontinue the condo's appeal. (2021-05-27); [lawsuit_or_court - construction deficiencies / building envelope] An owner sought to enforce a prior order requiring the condominium corporation to replace a leaking 28-year-old east-wall window in her unit, and the corporation applied to stay that order pending its appeal (scheduled for October 15, 2021); the Master denied the stay, finding no irreparable harm to the corporation from immediate replacement and that the balance of convenience favoured the owner given ongoing leak and draft issues, with costs of the stay application reserved to the appeal judge. (2021-07-19); [lawsuit_or_court - construction deficiencies / building envelope] An owner sued her condo corporation for refusing to replace a leaking window despite complaints dating to 2014. The court upheld the Master's order to replace the window, found improper conduct under s.67, and upheld $5,000 general damages and costs. (2022-06-07); [lawsuit_or_court - owner vs board dispute / oppression] An owner complained for years about leaking windows causing wall rot/mould and interior damage; the court found the Board acted oppressively by ceasing meaningful engagement, ordered the corporation to promptly replace the leaking window and complete related repairs, plus $5,000 general damages. (2021-02-24)