In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party?

Ontario, Canada


The following excerpt is from York Condominium Corporation No. 345 v. Qi, 2013 ONSC 4592 (CanLII):

In raising the question of this court’s discretion to award only partial-indemnity costs or no costs to a successful party instead requiring each party to bear its own costs, such as occurred in Channa, above, I have not forgotten that condominium corporations have an additional statutory means provided to them by s. 134(5) of the Act to recover much if not all of the costs of obtaining judgment against the defaulting unit owner. However, appellate jurisprudence shows that the availability of this alternative method of obtaining recompense for costs does not diminish this court’s discretion relative to costs: see MTCC No. 1385 v. Skyline Executive Properties Inc., above. It still permits that discretion to be exercised, even if the ultimate outcome may permit most of the costs incurred to be recovered.

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