Furr v. Duhamel

Landlord wins · 2018-04-04

Adjudicator

Beaudoin J.

Dispute

Co-Tenancy Agreement Interpretation

Amount

$5-10K

What happened

The Applicants sought declarations regarding the interpretation of a Co-Tenancy Agreement governing a townhouse development called Kings Landing in Ottawa. The main issue was whether a retaining wall and fence along the eastern boundary were considered 'Shared Property' under the agreement, and whether the Co-Tenancy Committee acted in bad faith in their management of these issues.

The ruling

The court found that the fence and retaining wall along Greenfield Avenue were 'Shared Property' under the Co-Tenancy Agreement. The allegations of bad faith against the Committee members were dismissed. The Applicants' conduct in altering evidence undermined their credibility. Costs submissions were invited from the parties.