Quiet condo for retirement? Maybe not...
The court then turned to the relief sought by the owners. The court was not satisfied that the relief requested was the least intrusive. The court ordered the defendants to comply with the declaration and by-laws by requiring all occupants to enter into the same services agreement with the manager. The court declined to make an order amending the by-laws to require directors be unrelated to the defendants as it was satisfied that the Act contained sufficient protections to deal with conflicts at the board level. Finally, with respect to damages, the owners had not provided evidence of any actual damages and the court was not prepared to award damages in the absence of proof (although it suggested that the court may do so in some instances where it was appropriate to do so). The full case is available on CanLii here: https://www.canlii.org/en/on/onsc/doc/2019/2019onsc5576/2019onsc5576.pdf
 In my view, the plaintiffs reasonably expected that all occupants of McCarthy Place would be treated equally and charged the same amount for services. The defendants have not complied with the declaration and bylaw. They have not ensured that all occupants be treated equally. They have not ensured that all occupants be charged the same amount for services. In doing so, the defendants have received an unfair advantage in renting their units, in that they have been able to offer incentives not available to the plaintiffs.
 In my view, the defendants’ conduct, described above, is unfairly prejudicial to the plaintiffs and unfairly disregards the interests of the plaintiffs. Given that, it falls within conduct defined by the Condominium Act, 1998, s. 135. The section refers to conduct that is “oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant”. Conduct need not be oppressive to engage the remedy – it need only be unfairly prejudicial or unfairly disregard an owner’s interests. On my reading of the section, a finding of bad faith is not necessary.