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Civil Litigation Dicta - Motions - Pleading

. Siemon v. Perth Standard Condominium Corporation

In Siemon v. Perth Standard Condominium Corporation (Ont CA, 2020) the Court of Appeal consider an argument that the relief granted was more than was pleaded by the other side:
[32].... While the notice of motion requested relief that was broader than what was granted, the motion judge had “broad remedial power to make any order [she] deem[ed] proper upon a finding that the conduct complained of [was] oppressive”: Walia Properties Ltd. v. York Condominium Corporation No. 478 (2007), 60 R.P.R. (4th) 203 (Ont. S.C.), at para. 31, rev’d in part 2008 ONCA 461, 67 R.P.R. (4th) 161. See also Noguera v. Condominium Corporation No. 22, 2020 ONCA 46, 10 R.P.R. (6th) 1, at paras. 18, 21. Ultimately, the declaratory relief granted by the motion judge, and the order requiring enforcement of the Declaration and By-laws with respect to the services agreement for all occupants of McCarthy Place was, as in Walia, the “least intrusive” remedy.



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Last modified: 15-02-25
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