What is the alternative basis for seeking costs in a condominium action?
Ontario, Canada
The following excerpt is from Wu v Carleton Condominium Corporation, 2016 CanLII 30096 (ON SCSM):
15. The alternative basis for seeking costs is based on the Wexler v. Carleton Condominium Corporation #28, 264 ACWS (3d) 248, 2016 CarswellOnt 6003 where Gouin D.J. awarded costs on the basis that costs in excess of the 15% provided in s. 29 of the Courts of Justice act are available. As he stated at paragraph 11 ….if the condominium corporation is not awarded full indemnity as to costs when defending an action successfully, the costs of defending that action is actually to the detriment of all other unit owners. That is where an injustice lies if the condominium corporation cannot obtain full indemnity for the costs of successfully defending an action.
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