2018: Porter rented his condo unit via Airbnb, against the bylaws prohibiting short-term rentals without a lease.
2019: Interim injunction issued against short-term rentals.
2020: Permanent injunction upheld the prohibition.
2021: Porter entered "residential leases" that were deemed invalid by the Board.
2022: Porter filed an application for relief, including validating his leases.
Court Decisions:
January 23, 2024: Application dismissed; leases were licenses. The Board acted reasonably.
March 1, 2024: Hearing on costs.
Award of Costs:
Solicitor and Own Client Costs: Denied—no exceptional circumstances or misconduct by Porter.
Enhanced Costs: Granted due to Porter’s baseless allegations and attempts to circumvent decisions.
Amount: Triple Column 2 costs, totaling $19,725.00 plus disbursements and GST.
Legal Points:
Rule 10.33 of Alberta Rules of Court: Guides cost awards.
Relevant Cases: McCallister v Calgary (City) and Weatherford Canada Partnership v Artemis Kautschuk und Kunstoff-Tehnik GmbH, which set cost approximation guidelines.
Conclusion:
The court upheld the Board's enforcement of bylaws, dismissed Porter’s claims, and awarded significant costs to the Corporation.
