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ARTICLE · 10 SEPTEMBER 2021

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Bringing A Compliance Application Against A Unit Owner? Why You Should Think Twice

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A condominium corporation which intends to bring a compliance application is generally faced with a dilemma.

CanadaReal Estate and Construction
Michael Prosia
Michael Prosia
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A condominium corporation which intends to bring a compliance application is generally faced with a dilemma.  On the one hand, s. 134(1) of Ontario's Condominium Act, 1998, S.O. 1998, c. 19 (the "Condominium Act")  permits the condominium corporation to proceed via court application against a unit owner.  On the other hand, s. 134(2) of the Condominium Act states that if the mediation and arbitration processes described in s. 132 of the Condominium Act are required, then the condominium corporation cannot proceed by court application.

The balancing act of choosing the right process has never been an easy one.  In one of the leading cases on this issue, Metropolitan Toronto Condominium Corporation No. 747 v. Korolekh,  2010 ONSC 4448, Justice Code stated that the duty to mediate compliance disputes against unit owners only applied to "lesser disputes" concerning "the declaration, the by-laws, the rules or an agreement," but that breaches of the Condominium Act itsel

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