Valuable Lessons from Amlani et a v. York Condo. Corp. No. 473
FEATURE
SimpsonWigle Law LLP Condominium Practice Group
Valuable Lessons from Amlani et al v. York Condo. Corp. No. 473
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ondominium corporations, owners, property managers and legal counsel should take note of the recent Ontario Superior Court of Justice decision, Amlani et al v. York Condominium Corporation No. 473. This is a case that supports our Condominium Practice Group’s understanding of the ability of a corporation to charge back legal fees for seeking compliance with a corporation’s constating documents, specifically, that a corporation cannot charge back its legal fees unless an indemnification provision, that is contained in the corporation’s declaration, clearly authorizes the charge back.
Summary of the Facts In this case, Mr. Amlani had been a smoker for 56 years. Prior to purchasing his unit in 2013, he verified through his lawyer that there were no condominium rules that prohibited him from smoking in his unit. In 2015, the Corporation received complaints from other residents within the Corporation about smoke filtering into their units and creating a nuisance which interfered with their use or
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