Background

• York Condominium Corporation No. 50 (YCC 50) sued Joel Demong for unpaid common expenses related to his condominium unit at 1350 York Mills Road, Toronto.
• YCC 50 registered a lien against the unit in August 2022 due to unpaid common expenses.
• Demong's mother, Marietta, managed financial matters for the unit and was involved in the dispute.

Key Issues & Rulings

1. Summary Judgment Appropriateness

   • The court found no genuine issue requiring a trial, as the facts were clear, and a trial would not add value.
   • Summary judgment was granted.

2. Entitlement to Judgment

   • YCC 50 was awarded judgment for unpaid amounts under the lien, including interest, legal costs, and expenses.
   • Demong was responsible for:
     • $12,421.51 in interest (18% per year, per YCC 50’s by-laws).
     • $23,176.30 for water damage repairs due to a leak in his unit.
     • $4,171 in additional costs.
   • The total judgment was $39,763.58, plus continuing interest.
   • YCC 50 was granted possession of the unit but agreed to stay enforcement for 60 days, allowing Demong time to pay.

3. Responsibility for Water Damage

   • A plumber confirmed the leak originated from a faulty shut-off valve under the sink in Demong’s unit.
   • The court ruled that unit owners are responsible for maintaining their unit's internal plumbing.
   • The Renovation Notice (suggesting YCC 50’s responsibility for shut-off valves) was found to be incorrect.

4. Costs Awarded

   • YCC 50 was awarded $33,000 in substantial indemnity legal costs.

Conclusion

• Demong ordered to pay $39,763.58 plus interest and $33,000 in legal costs.