Overview:

• Parties: Halton Condominium Corporation (Respondent) vs. Nikolay Kolarovaliev & Borislava Borissova (Appellants).
• Issue: The condominium corporation sought to enforce its non-smoking rule against the appellants, revoking their "Grandfather Agreement" that allowed smoking under specific conditions.
• Judgment: The Ontario Court of Appeal dismissed the appellants’ appeal and denied leave to appeal the costs order.

Key Facts:

• The appellants, owners of a unit since 2006, initially benefited from a Grandfather Agreement allowing smoking despite a 2018 non-smoking rule.
• Complaints arose regarding smoke from their unit affecting neighboring areas.
• A mediation agreement required modifications to mitigate smoke, but the appellants refused to fund these changes.
• Following persistent violations, the application judge revoked the Grandfather Agreement and imposed a complete smoking prohibition in their unit and nearby areas.

Issues on Appeal:

1. Misapprehension of Evidence:

   • Appellants argued retaliation by the condominium corporation and inadequate consideration of exculpatory evidence.
   • Court found no merit, noting the judge considered all evidence and complaints were corroborated independently.

2. Fresh Evidence:

   • Appellants sought to introduce affidavits and documents post-hearing.
   • Denied, as evidence could have been presented earlier and was unlikely to alter the decision.

3. Fairness:

   • Claimed unfair treatment by the application judge.
   • Rejected; the judge addressed all evidence and issues comprehensively.

Costs:

• Original costs of $70,476.66 to the respondent upheld; additional appeal costs of $10,000 were imposed on the appellants.

Disposition:

• The appeal and leave to appeal costs were dismissed.