Key Facts:

• Benmergui purchased a condominium at 10 Gatineau Drive, Vaughan, Ontario, in July 2024.
• Since purchasing, she experienced four sewage backups in her unit.
• The respondent (condo corporation) took steps to address the issue but did not act with sufficient urgency.
• The applicant sought alternative accommodation costs and compliance orders under sections 117 and 134 of the Condominium Act, 1998.

Legal Issues:

1. Did the respondent violate the Condominium Act by failing to address the sewage issue?
2. Is the applicant entitled to financial relief for alternative accommodation?

Court Findings:

• Violation of Section 117 (Dangerous Conditions): The persistent sewage backups rendered the unit uninhabitable and posed a health hazard.
• Violation of Section 134 (Failure to Maintain Common Elements): The condo corporation failed to take timely, effective action to remedy the problem.
• The corporation's lack of urgency was a key factor in the ruling.
• The applicant had exhausted insurance coverage and could not afford alternative housing.

Court Orders:

• Alternative Accommodation Costs: The condo corporation must pay for comparable rental accommodation, including first and last month's rent, until the issue is resolved.
• Legal Costs: The condo corporation must pay the applicant $14,500 in legal costs (partial indemnity basis).