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April 13, 2012
Posted in Condo Litigation

MCC 173 ats. The Courthouse Block Inc.

This case was about a condominium corporation in London Ontario that was being sued under Section 135 of the Condominium Act, 1998 (oppression remedy) by the owner of the majority of commercial units in a high rise mixed residential/commercial building that was converted to a condominium from a rental building over 20 years ago. The owner of the commercial units was a well known commercial real estate businessman in the London area. He wanted the court to order that the condominium corporation to buy his 37 commercial units from him due to issues with water leakage over the course of approximately 10 years.
 
The Superior Court of Justice heard this case in London in May & June, 2011. The Court decided that the commercial unit owner did not make out a case for an oppression remedy under Section 135 of the Condominium Act, 1998. The commercial unit owner was also ordered to pay legal costs to the condominium corporation in the amount of $110,000.00.  Click here to view the Reasons for Judgment here.
 
The commercial unit owner then appealed to the Court of Appeal of Ontario.  That hearing took place last month, on March 9, 2012. The condominium corporation successfully defended that appeal as well.

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