Missal v. York Condominium Corporation No. 504
Perry Missal
Law Firm / Organization
Shibley Righton LLP
York Condominium Corporation No. 504
Law Firm / Organization
Levitt Di Lella Duggan & Chaplick LLP
Lawyer(s)

Timothy M. Duggan

Nicola Seppanen
Law Firm / Organization
Levitt Di Lella Duggan & Chaplick LLP
Lawyer(s)

Timothy M. Duggan

Facts: Perry Missal, a condominium unit owner, filed an application against York Condominium Corporation No. 504, alleging oppressive conduct related to noise complaints, security concerns, and maintenance issues. Missal sought various remedies, including orders for sound attenuation measures, security upgrades, and compensation for legal and engineering fees.

Issues: The case addressed whether the condominium corporation acted oppressively by failing to address noise complaints adequately, not undertaking certain security measures, and not maintaining common elements to Missal's satisfaction.

Court's Ruling: The court found that the condominium corporation did not act oppressively. It had responded appropriately to the noise complaints, and the security and maintenance concerns raised by Missal did not amount to oppressive conduct. The corporation's actions were considered reasonable within their management responsibilities and obligations.

Costs/Damages: The court dismissed Missal's application for remedies related to the alleged oppressive conduct, concluding that the condominium corporation had not breached its duties under the Condominium Act. The document did not specify the costs awarded or the exact damages, focusing instead on the merits of the claims and the appropriateness of the corporation's actions.

Superior Court of Justice - Ontario
CV-20-649256
Real estate
Respondent