Legal Cases | Levitt Di Lella Duggan & Chaplick LLP

Ontario Superior Court of Justice – Willis v. Veeravagupillai

The appellant has appealed a decision of the Landlord and Tenant Board to the Divisional Court. In this motion, she seeks, among other things, an order staying her appeal pending the completion of a related action in the Superior Court of Ontario. In return, the respondent seeks an order dismissing the appeal for delay. In brief, the appellant submits that she is not a tenant, but rather has been defrauded of her home by the respondent and others. She alleges that she and her mother were defrauded of the home in the process of re-mortgaging the property. The mortgage broker was the brother of the respondent’s boyfriend.

Ontario Superior Court of Justice (Divisional Court) – Toronto Standard Condominium Corp. No. 1543 v. Carson

For reasons given, appeal dismissed. Costs fixed at $ 2518.95 payable to plaintiff Condominium Corp. The appellant Carson appeals the judgment of Thomson J. of Small Claims Court dated March 22, 2007 pertaining to the claim of the Toronto Standard Condominium Corporation No. 1543 (“TSCC”) against Carson, a resident/unit owner of TSCC, and his claim against Myriad Property Management (“Myriad”).

Ontario Superior Court of Justice – Toronto Standard Condominium Corp. No. 1612 v. Baig

Mr. Baig informs the court that he has removed the satellite dishes and removed any impact of their installation and removal. The parties have therefore agreed on a form of final Order. The only point of contention concerns costs. The condominium rules and declaration make clear that the costs incurred by the condominium corporation can be recovered against an owner where it goes to court to enforce its rules against a condominium owner.

Ontario Superior Court of Justice (Divisional Court) – Whittaker v. Elsbury

Mr. Whittaker has not appeared, although he was duly served, as appears from the affidavit of Natasha Baksh, sworn April 7, 2011, which indicates that the Motion Record, Factum + Brief of Authorities were sent to Mr. Whittaker by letter mail on that date at his last known address. Mr. Levitt has provided a letter dated April 20, 2011, from Mr. Whittaker, indicating that he has received the motion material, although he disputes the timeline of service. He has not appeared today, however, to raise the issue. The motion material was also served on the Landlord and Tenant Board, as appears from Ms. Baksh’s Affidavit of Service sworn April 8, 2011.

Ontario Superior Court of Justice – York Condo v. All Unit Owners

I am advised by Mr. Levitt that in the service of the Motion Record, the Property Manager and Superintendant knocked on the doors of all 317 units, provided to those who answered the letter contained in the Affidavits of Service filed and posted the letter on the doors of those who did not, inviting all unit owners who might be interested to attend at the management office for further information. 10 attended, 9 requested a copy of the material and all of those who requested the material were given a copy. I am satisfied with the method of service and validate it.

Ontario Superior Court of Justice – York Condominium Corp. No. 26 v. Ramadani

This is an application by York Condominium Corporation No. 26 (“YCC 26”) for an order under section 134 of the Condominium Act, 1998, S.O. 1998, c. 19, requiring the respondent, Daniela Ramadani, to permanently remove her dog, a Yorkshire terrier, from her condominium unit and from the YCC 26 premises. YCC 26 also asks that certain cleaning and legal costs be charged to the respondent’s common expense account. Alternatively, YCC 26 asks for an order that an arbitrator be appointed, so that the dispute resolution process prescribed by section 132 of the Condominium Act can proceed.