In Catterall v. Condominium Plan No. 752 1572 (Park Towers), two key decisions from the Court of King’s Bench of Alberta affected the case's outcome:
June 3, 2024:
- Applicants: Brian Catterall and Sharon Maybroda, condominium unit owners.
- Respondent: Park Towers Condominium Corporation.
- Claims: The Applicants alleged that the condominium corporation:
- Failed to maintain and repair common property per the Condominium Property Act.
- Neglected to set up a reserve fund for necessary repairs.
- Acted improperly by not establishing an adequate reserve fund plan and suggested appointing an administrator or investigator.
- Outcome: The Court dismissed the Applicants’ action, citing insufficient admissible evidence (mostly hearsay or opinion-based) and lack of expert testimony to prove the corporation’s misconduct. The Court found no breach of statutory obligations, and thus, no relief was granted to the Applicants??.
July 23, 2024:
- Respondent’s Costs: Given its success in the initial ruling, the Respondent sought full indemnity costs, or alternatively, enhanced costs.
- Applicants’ Position on Costs: They argued each party should bear its own costs or that costs should be limited to Schedule C, column 1.
- Court’s Decision: Justice Dunlop awarded the Respondent costs based on Schedule C, column 1, increased by 25% for inflation, totaling approximately $10,854.27. The Court emphasized that both parties bore some responsibility for prolonging the litigation unnecessarily, noting that early settlement could have saved considerable costs.
Final Outcome:
- The Respondent successfully defended the action and received a moderate costs award, recognizing the case's protracted nature and mutual failure to settle amicably. The Applicants were ordered to pay the adjusted Schedule C costs but did not achieve any of their requested remedies or compensation??.
