Focus On

CONDOMINIUMS - Condominium corporation - Rights and obligations

Thursday, August 15, 2019 @ 6:28 AM  

Lexis Advance® Quicklaw®
Determination of who was responsible for the costs of remediating a mould problem in a condominium unit. Brasseur noticed condensation problems and mould in her condominium unit after the exterior windows of the building were replaced. She and the condominium corporation remediated the mould problem but disagreed as to who should pay for the costs.

HELD: The condominium corporation was responsible for the costs. A defect or problem with the common elements contributed to the growth of the mould such that the duty to repair was triggered. Whatever the impugned lifestyle choices of Brasseur, they were not the primary cause of the problem. One of the most significant reasons against lifestyle causation was that other units had the problem. The condominium corporation’s overall approach to the problem was not reasonable. The problem was not fixed until seven years after the issue was raised. There was no hard evidence that the condominium corporation acted on recommendations regarding ventilation and insulation, other than advising residents of things that they could do for themselves and repairing individual units. More urgent action should have been taken after experts verified health concerns.

Brasseur v. York Condominium Corp. No. 50, [2019] O.J. No. 3502, Ontario Superior Court of Justice, S.S. Nakatsuru J., July 4, 2019. Digest No. TLD-August12019008