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ARTICLE · 16 NOVEMBER 2011

The Oppression Remedy

Heenan Blaikie LLP
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A complaint that we often hear from condominium owners is that they feel they are being treated unfairly by the Board. Conversely, many owners or the condominium corporation may feel that the conduct of a single individual is so intolerable that it is oppressive to the community as a whole.

CanadaReal Estate and Construction
Rod Escayola
Rod Escayola

Originally published on July 18, 2011 on the Condo Reporter blog.

A complaint that we often hear from condominium owners is that they feel they are being treated unfairly by the Board. Conversely, many owners or the condominium corporation may feel that the conduct of a single individual is so intolerable that it is oppressive to the community as a whole. Section 135 of the Condominium Act2 provides an extraordinary remedy to both owners and condominium corporations in such cases of oppression or unfair treatment.

The oppression remedy serves the purpose of protecting everyone's legitimate expectations from conduct that is unlawful or from conduct that, while technically authorized, is considered unfair or oppressive. In such cases, the Act grants the courts "awesome" powers to make any order it deems proper, including an order prohibiting a specific conduct or requiring the payment of compensation.

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