Background:
- A fire in O’Regan's condominium unit caused smoke damage to the common elements.
- The Condominium Corporation paid for remediation and sought reimbursement of their $5,000 insurance deductible from O'Regan, who failed to pay.
- A lien was registered for $6,042.10 (including interest and legal costs). O'Regan’s unit was sold under power of sale after he refused to discharge the lien.
Appeal Points:
- Amendment of Claim: O'Regan argued the motion judge erred in not allowing amendments to his claim to cure deficiencies. The appeal court upheld the motion judge's decision.
- Acceptance of Evidence: O'Regan contested the motion judge's acceptance of the respondents’ evidence over his expert’s opinion. The appeal court found no error in the motion judge's assessment.
- Use of Summary Judgment: O'Regan challenged the appropriateness of resolving the matter via summary judgment. The court affirmed the motion judge’s decision that summary judgment was appropriate.
- Apprehension of Bias: O'Regan claimed bias due to the judge's refusal to hold a trial with viva voce evidence. The appeal court found no merit in this claim.
Decision:
The appeal was dismissed, and costs of $10,000 were awarded to the respondents.
