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August 21, 2019 Jonathan H. Fine

Fine & Deo obtains cost award in CAT proceedings

The usual rule in a Condominium Authority Tribunal (CAT) proceeding is that the successful party will not obtain an order for costs unless there are “exceptional circumstances”. 

The requesting unit owner was found in other proceedings to be a vexatious litigant. The CAT found that the case before it was vexatious and dismissed the case without holding a hearing pursuant to s.1.41 of the Condominium Act, 1998.

With respect to costs, the CAT found that there were exceptional circumstances and ordered that Mr. Lahrkamp pay $2500 costs.

The exceptional circumstances were that the unit owner’s records request was not permitted to proceed because it was found to fit within the Applicant’s already established pattern of vexatious conduct.

Click here to read the decision.

Jonathan H. Fine

Jonathan H. Fine Partner

B.Sc., J.D., F.C.C.I.
905.760.1800 x226

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