Even The Kitchen Sink?

York Condominium Corp. No. 78 v. Stein, 2016 ONSC 1837 is a recent decision of the Superior Court of Ontario which should serve as a reminder that an owner's right to mediation and/or arbitration under section 132 of the Condominium Act (Ontario) (the "Act") is not absolute. In some circumstances, a corporation will be well within its rights to bring an application before a court without attempting alternative forms of dispute resolution. 

In this case, York Condominium Corp. No. 78 ("YCC 78") received complaints from the unit owner, Stein, of exterior water penetration into her unit. Upon investigation, YCC 78 discovered that Stein had carried out extensive renovations to the unit and common elements throughout her unit. She had not sought the permission of the corporation for these modifications, as required by the Act or the condominium governing documents.