What is the scope of the oppression remedy under s. 135 of the Condominium Act?
Ontario, Canada
The following excerpt is from Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46 (CanLII):
[21] As the application judge correctly observed, the oppression remedy is broad and flexible and under s. 135, the court may make “any order the judge deems proper”. She also noted that the statutory regime is a significant factor. Citing Hakim v. Toronto Standard Condominium No. 1737, 2012 ONSC 404, 1 B.L.R. (5th) 159, she stated at para. 36 that “[t]he court must balance the objectively reasonable expectations of an owner with the condominium board’s ability to exercise judgment and secure the safety, security and welfare of all owners and the condominium’s property assets.” Having considered these factors, she then went on to conclude that the Condominium’s conduct was oppressive and unfair.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the oppression remedy in condominium law? (Ontario, Canada)
Is there a remedy for oppression against a party who knowingly received benefits as a result of the oppression? (Ontario, Canada)
What is the scope and scope of an extradition hearing? (Ontario, Canada)
What categories of conduct does the oppression remedy apply? (Ontario, Canada)
Can a creditor bring an application for oppression remedy as a complainant? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
Does a condominium corporation have an interest in common common interest with other condominium residents? (Ontario, Canada)
Can a condominium corporation commence an action under the Condominium Owners Act? (Ontario, Canada)
Is a condominium unit owner liable for the cost of repair costs incurred by the condominium corporation as a result of poor maintenance of the fixtures in the unit? (Ontario, Canada)
What is the difference between a plaintiff’s in rem action for a declaration of invalidity arising from s. 52 of the Constitution Act, 1982, and a personal remedy arising from the same remedy? (Ontario, Canada)
