Issue: Metropolitan Toronto Condominium Corporation No. 978 (MTCC 978) applied for a court order against Hugh Brennan McNeil and Susan Laurie Noguchi to gain entry into their unit to access and repair the adjacent common element riser, which was crucial for the condominium’s maintenance.

Legal Context: The application was grounded in the Condominium Act’s sections 19 and 117, addressing the right of entry for repairs and the prohibition against actions likely to damage the property or harm individuals.

Dispute: The respondents resisted the condominium corporation’s entry, disputing the urgency and necessity of the repair work, prompting MTCC 978 to seek legal intervention.

Court’s Decision: The court sided with MTCC 978, emphasizing the importance of maintaining the property to prevent potential water damage. The court noted that the condominium corporation and its unit owners, including the respondents, shared a collective responsibility to maintain and repair common elements.

Cost Implications: MTCC 978 incurred significant expenses for the repair project (around $1.7 million), which impacted the reserve fund and common element fees for all owners. The court found that these costs were justified given the critical nature of the repairs.

Outcome: The court granted MTCC 978’s application, denied McNeil’s request for a stay or dismissal on abuse of process grounds, and ordered the respondents to bear the costs of the application and the additional expenses due to their resistance, amounting to $29,365.44.