18 Apr 2023
Polchil Homes Ltd. v. Peel Condominium Corporation No. 245
In the case of Polchil Homes Ltd. v. Peel Condominium Corporation No. 245 dated April 18, 2023, the applicant, Polchil Homes Ltd., owned a condominium unit managed by the respondent, Peel Condominium Corporation No. 245. Back in 2021, Polchil had initiated extensive renovations on their unit without obtaining formal approval. In response to these renovations, which were deemed hazardous and unauthorized, the respondent changed the locks on Polchil's unit. Subsequently, access was restored, and conditional approval for the renovations was granted.
In accordance with the Condominium Act, 1998, Polchil had filed a claim asserting that the respondent had oppressed them through unreasonable delays in approval and by locking them out for a portion of 18 days. Polchil had also sought to assert claims under the Ontario Human Rights Code through an assignment from their principal and her fiancé.
The final judgment offered partial relief to Polchil. Claims for damages under the Human Rights Code were dismissed due to the ineligibility of corporate claims under the Code. While the claim of oppression based on delayed approval was rejected, it was established that the respondent had indeed oppressed Polchil by locking them out. Consequently, a damage award of $10,000 was granted to address this oppression, and the chargeback of legal fees by the respondent was rescinded.